CONTENT DISCLAIMER; ERRORS; REVISIONS
Notwithstanding the foregoing or anything to the contrary, Company reserves the right to change, alter, amend or otherwise revise the Website or the Service (including any Content contained therein) at any time, for any reason, with or without notice. User acknowledges that the Website and Service (including any Content contained therein) are not guaranteed to be complete, correct, error-free, bug-free, virus-free, timely, current or up-to-date or otherwise reliable, and Company makes no warranty or guaranty that it will undertake any obligation to modify the Website or the Service (including any Content contained therein) to correct such conditions. Company reserves the right, exercisable at any time for any reason, with or without notice to Users: a) to alter or delete or revise the Website or Service (including any Content contained therein) in any way, including but not limited to changes in content, design, layout, form, functionality, or software or hardware necessary to access the Website and Services (including any Content contained therein) and; b) to shutdown the Website or the Service (including any Content contained therein) temporarily or permanently. In addition to the foregoing, Users may not be able to access the Website or Service (including but not limited to any Content contained therein) from time to time as a result of traffic congestion or acts beyond our reasonable control (e.g. fire, flood, loss of power, riots, terrorists attack, internet failure, equipment failure, failure or lack of telecommunications or network connections or computer systems, et. al. (collectively “Force Majeure Event”)). In the event of the occurrence of a Force Majeure Event, Company will have no liability for its inability or failure to make the Website or Service (including any Content contained therein) available but Company will use commercially feasible efforts to restore the affected Website or Service (including any Content contained therein) as soon as reasonably feasible.
DISCLAIMER OF WARRANTIES
ANY USER’S USAGE OF THE WEBSITE OR SERVICE PROVIDED ON OR THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) IS AT USER’S OWN RISK. THE WEBSITE AND SERVICES (INCLUDING ANY CONTENT CONTAINED THEREIN) ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. USERS ACKNOWLEDGES AND AGREES THAT THE COMPANY HAS MADE, AND HEREBY DOES NOT MAKE ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY (INCLUDING ITS AGENTS, EMPLOYEES, DIRECTORS AND OFFICERS) HAS NOT MADE AND DOES NOT MAKE ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND SERVICE PROVIDED THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN). WITHOUT LIMITING THE FOREGOING, COMPANY (INCLUDING ITS AGENTS, EMPLOYEES, DIRECTORS AND OFFICERS) DOES NOT PROMISE THAT THE WEBSITE OR SERVICE PROVIDED THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) WILL BE ACCURATE, RELIABLE, PROMISE ANY SPECIFIC RESULTS, BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES OBTAINED THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) OR THE SERVER OR NETWORK CONNECTIONS OR SOFTWARE THAT MAKE THE WEBSITE OR SERVICES (INCLUDING ANY CONTENT CONTAINED THEREIN) AVAILABLE ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN) WILL OTHERWISE MEET USER’S NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE AT ANY TIME SHALL LIMIT THIS DISCLAIMER OF WARRANTIES OR OTHERWISE CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR MEMBER CONTENT POSTED, UPLOADED OR OTHERWISE TRANSMITTED TO THE PAY SUBSCRRIPTION SERVICES SECTION OF THE WEBSITE. NOTHING CONTAINED HEREIN SHALL AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY (OR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER THEORY LOSS, ARISING FROM ANY USER’S USAGE OF THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN) OR ANY SOFTWARE OR HARDWARE USED TO MAKE THE WEBSITE OR SERVICES (INCLUDING ANY CONTENT CONTAINED THEREIN) AVAILABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER’S EXCLUSIVE REMEDY AND COMPANY’S TOTAL LIABILITY TO YOU, IF ANY, FOR ANY CLAIM WHATSOEVER, REGARDLESS OF THE CLAIM THEORY (WHETHER BASED ON CONTRACT, TORT, WARRANTY, INDEMINIFICATION OR OTHEWISE) OR THE EXISTENCE OF MULTIPLE CLAIMS, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT PAID, IF ANY, BY USER TO THE COMPANY FOR ONE MONTH’S ACCESS TO THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN).
User agrees to hold harmless, defend and indemnify the Company (including its agents, officers, directors, employees, and successors and assigns) from and against any and all loss damage and expense (including for reasonable attorneys fees) from any third party claim, demand or action arising out of User’s breach of any of its obligations, warranties or representations under this Agreement
Any such controversy or claim not excluded under the immediately preceding subparagraphs a), b) or c) shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Any arbitration proceeding shall be conducted in Denton County, Texas and any arbitration award may be enforceable in any court having jurisdiction thereof. Either party may seek an interim or preliminary protective order from a court of competent jurisdiction in Denton County, Texas pending the completion of arbitration. Each party shall split the arbitration fees and costs on a 50-50 basis, provided however, that each party will bear its own attorney fees.
COLLECTING AND USING YOUR PERSONAL INFORMATION
“Non-personal Identifiable Information” shall mean any and all information, other than Personal Information, that does not identify a specific individual. Non-personal Identifiable Information may include your equipment, device, operating system or browser used to visit, access, browse or use the Website or Service; a your visiting or browsing or accessing or using activity or actions; summary information respecting our entire user base that may be collected by Company or its third party servers, including information about ads, sponsorships, products, goods or services provided through Third Party Links presented and clicked upon by you; any other information which provides Company with anonymous usage data (including, but not limited to, the number of unique visits, pages visited or navigational preferences); web browser information for facilitating communications between you and Company (including your MAC or IP address); “Cookies” or “Flash Cookies” or “Clear Gifts” technology allowing the Company to track repeat users and user’s usage patterns; Client-side page tagging or Pixel or Beacons tagging activities that allow the Company to make servicing users more efficient, and; content in any form or medium voluntarily submitted to the Company for posting and critique by Company representatives or users. The Company may provide, sell or transfer Non-personal Identifiable Information about user sales, traffic patterns, preferences or any other related Website or Service information to third parties.
Collection and Use of Personal Information
The Company only collects Personal Information voluntarily given to us by you. The Company does not require Visitors to provide it with any Personal Information to access public areas of our website; however, the Company may use or collect a Visitor’s IP Address and other diagnostic information to diagnose problems with the Company’s server or Website
The Company may use Personal Information for the following purposes:
a) Responding to inquiries or requests from a Client or potential Client;
b) Delivering the Service to a Client in the most efficient manner;
Subject to the further terms hereof, the Company will not sell, license or otherwise transfer any rights to Personal Information to any third party unless a) expressly authorized by you; or b) such license, sale or other transfer is in connection with the sale, transfer, merger, reorganization, consolidation or other transaction involving all or part of the Company.
Notwithstanding the foregoing, the Company will or may transmit or disclose Personal Information to third parties in the following circumstances: