TERMS OF SERVICE
Last update: April 20, 2018
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THE CANNASTER SUPPLY CO designs and sells packaging (“Service” or “Company Service”) via the Company website(s) offered from time to time at the URL https://www.cannasupco.com/ (collectively, the “Site,” or “Sites”). The Company Service is owned and operated by Cannaster Supply LLC (“Company”, “we” or “us”). Your use of the Company Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE COMPANY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE COMPANY SERVICE. USE OF THE COMPANY SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
1. Updates to Terms of Service; Integration
We may, in our sole discretion, modify the Terms of Service via email or by posting notice on any part of the Company Service. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use the Company Service you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review this Terms of Service periodically and to check the “Last Updated” date at the top of the Terms of Service for the most recent version. In addition, when using services or features on the Company Service, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.
2. Translation
We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Company, and any inconsistencies among the different versions will be resolved in favor of the English version.
3. Service Availability
The Company Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. If the Company Service were discontinued at any time, all data would be deleted pursuant to the discontinuation process.
4. Privacy Policy
Use of the Company Service is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of these Terms of Service. Please carefully review our Privacy Policy. By using or accessing the Company Service, you agree to be bound by the terms of our Privacy Policy.
5. Age
The Service is meant for those at least twenty-one (21) years of age. Use of the Service by
anyone under the age of twenty-one (21) is a violation of the Terms of Service. You may not use the
Service if you are a competitor of the Service, or if we have previously banned you from use of the
Service or closed your account.
6. Intellectual Property
You acknowledge that all materials on the Company Service, including,
but not limited to, the Website design, Application design, graphics, text, sounds, pictures, and other
files and the selection and arrangement thereof (collectively, “Materials”), are the property of Company
and/or its licensors, and are subject to and protected by United States and international copyright and
other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms
of Service are reserved to their respective copyright owners. Company authorizes you to view, download
and/or print the Materials only for personal, non-commercial use, provided that you keep intact all
copyright and other proprietary notices contained in the original Materials. Except as expressly
authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download,
perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of
the Materials in any form or by any means, without the prior written authorization of Company or the
respective copyright owner. In the absence of a written agreement, you may not modify or adapt the
Materials in any way or otherwise use them for any public or commercial purposes. The trademarks,
service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described in the
Company Service are the sole property of Company and/or its licensors and may not be copied, altered
or otherwise used, in whole or in part, without the prior written authorization of Company and/or its
licensors. Company reserves the right to enforce its intellectual property rights fully under the law.
Your use of the Company Service is solely and exclusively under the limited license granted herein and
you will not obtain any ownership interest therein through the Terms of Service or otherwise. All
trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that
appear on or in connection with any aspect of the Company Service are either the property of Company,
its affiliates or licensors. Company retains the right to rescind and terminate the limited license granted
hereunder at any point, for any reason. All rights not expressly granted herein by Company to you are
fully reserved by Company, its advertisers and licensors.
Some of the company and product names, logos, brands, and other trademarks featured or referred to
within the Company Service may not be owned by us and are the property of their respective trademark
holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Company
Service.
7. Third Party Sites & Services
Links provided via the Company Service to Third-Party websites
and services are provided only as a convenience. If you use these links, you may leave the Company
Service. Company does not control nor endorse any such Third-Party websites. You agree that the
Company Parties, as defined below, will not be responsible or liable for any content, goods or services
provided by such Third-Party websites or for your use or inability to use such Third-Party websites. You
will use such links at your own risk.
You are advised that other websites on the Internet, including Third-Party websites linked from the
Company Service, might contain material or information: that some people may find offensive or
inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous,
infringing of others’ rights or otherwise unlawful. Company expressly disclaims any responsibility for the
content, legality, decency or accuracy of any information, and for any products and services, that appear
on any Third-Party website or in advertisements or content that Third-Party websites may have in the
Company Service.
Your interactions with organizations and/or individuals and Third-Party companies found on or through
the Company Service, including payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely between you and
such organizations and/or individuals. You agree and acknowledge that Company shall not under any
circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to,
the products and services of a Thirty-Party.
8. Use of the Service
You may be required to establish an account to use the Company Service
and/or take advantage of certain features. If so, you agree to:
a. provide true, accurate, current and complete information about yourself as prompted
by the Company Service;
b. as permitted, maintain and promptly update such information. If you provide any
information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that
such information is false, inaccurate or outdated, Company has the right to suspend or terminate your
account and prohibit all current or future use of the Company Service by you; and
c. that your account is for your personal, non-commercial use only. By creating an
account, you agree to receive certain communications in connection with the Company Service.
You are responsible for maintaining the confidentiality of the password and account and are fully
responsible for all activities that occur under your account. Your account is meant to be private and you
shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of
your password or account or any other breach of security. You agree to be responsible for all charges
resulting from the use of your account via the Company Service, including charges resulting from
unauthorized use of your account.
You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door
neighbor), create or use an account for anyone other than yourself, provide an email address other than
your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still
be able to identify you if, for example, you include identifying information in your reviews, use the same
account information on other sites, or allow other sites to share information about you with the
Company Service.
You agree to use the Company Service only for lawful purposes and that you are responsible for your
use of and communications and content you may post via the Company Service. You agree not to post
or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane,
indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that
encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’
intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable
law. You agree not to solicit personal information from minors. You agree not to use the Company
Service in any manner that interferes with its normal operation or with any other user’s use of the
Company Service.
You may not do any of the following while accessing or using the Company Service:
a. access, tamper with, or use non-public areas of the Company Service, our computer
systems, or the technical delivery systems of our providers;
b. probe, scan, or test the vulnerability of any system or network or breach or circumvent
any security or authentication measures;
c. access or search or attempt to access or search the Company Service by any means
other than through our currently available, published interfaces that are provided by us, unless you have
been specifically allowed to do so in a separate agreement with us;
d. forge any TCP/IP packet header or any part of the header information in any email or
posting, or in any way use the Company Service to send altered, deceptive or false source-identifying
information; or
e. disrupt or interfere with the access of any user, host or network, including, without
limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Company Service, or
otherwise creating an undue burden on the Company Service.
You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or
“spider” any page of the Company Service. You will not decompile, reverse engineer, or otherwise
attempt to obtain the source code of any part of the Company Service.
You further agree that you will not access the Company Service by any means except through the
interface provided by Company for access to the Company Service. Creating or maintaining any link from
another application to any page at the Company Service without the prior authorization of Company is
prohibited. Running or displaying the Company Service, or any information or material displayed via the
Company Service in frames or through similar means on another website or application without the
prior authorization of Company is prohibited. Any permitted links to the Company Service must comply
with all applicable laws, rule and regulations.
Company makes no representation that Materials contained, described or offered via the Company
Service are accurate, appropriate or available for use in jurisdictions outside the United States, or that
these Terms of Service comply with the laws of any other country. Visitors who use the Company Service
and reside outside the United States do so on their own initiative and are responsible for compliance
with all applicable law. You agree that you will not access the Company Service from any territory where
its contents are illegal, and that you, and not the Company Parties, are responsible for compliance with
applicable law.
Your use of the Company Service is at your own risk, including the risk that you might be exposed to
Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Furthermore, you herein agree not to make use of the Services for:
a. uploading, posting, emailing, transmitting, or otherwise making available any content
that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene,
libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable;
b. causing harm to minors in any manner whatsoever;
c. impersonating any individual or entity, including, but not limited to, any Company,
forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an
individual or entity;
d. forging captions, headings or titles or otherwise offering any content that you personally have
no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e. uploading, posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any
other party;
f. uploading, posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance with any contractual or
fiduciary relationship;
g. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation,
except in any such areas that may have been designated for such purpose;
h. uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have been designed
to interfere, destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i. disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users' ability to participate in any real-time interactions;
j. interfering with or disrupting any of the Services, servers and/or networks that may be
connected or related to our website, including, but not limited to, the use of any software and/or
routine to bypass the robot exclusion headers;
k. intentionally or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the
Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange,
that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or
the NASDAQ, and any regulations having the force of law;
l. providing informational support or resources, concealing and/or disguising the
character, location, and or source to any organization delegated by the United States government as a
"foreign terrorist organization" in accordance to Section 219 of the Nationality Act;
m. stalking or with the intent to otherwise harass another individual; and/or,
n. collecting or storing of any personal data relating to any other user in connection with
the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
9. Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals
(“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary
information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with
respect to the Feedback, (iii) we may have something similar to the Feedback already under
consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free,
perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense
the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any
claims and assertions of any moral rights contained in such Feedback.
10. Content
10.1 All Content is the sole responsibility of the person who originated such content. You
acknowledge that all Content transmitted or accessed by you using the Company Service, is at your own
risk and you will be solely responsible and liable for any damage or loss to you or any other party
resulting therefrom. You remain solely responsible for all Content that you transmit in connection with
the Company Service, and you warrant that you possess all rights necessary to provide such Content and
that you do not violate any third party’s rights in providing such Content. We reserve the right to
remove, and to allow certain users to remove, any objectionable Content in our sole discretion. You
understand that by providing Content publicly in connection with the Company Service, you hereby
grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable and transferable
right to fully exploit such Content (including all related intellectual property rights) in connection with
our business. For purposes of these Terms of Service, the term “Content” includes, without limitation,
any information, text, reviews, videos, audio clips, comments, information, data, photographs, software,
scripts, graphics, and interactive features generated, provided, or otherwise made accessible through
the Company Service. Company and its licensees may publicly display advertisements and other
information adjacent to or included with your Content. You are not entitled to any compensation for
such advertisements. The manner, mode and extent of such advertising are subject to change without
specific notice to you.
10.2 We make some of the Content (“RSS Content”) available via Real Simple Syndication (“RSS
Content Feed”). You may access and use the RSS Content Feed in order to display the RSS Content on
your personal computer, website, or blog, provided that (i) your use of the RSS Content Feed is for
personal, non-commercial purposes only, (ii) your display of the RSS Content links back to the relevant
pages on the Company Service, and attributes Company as the source of the RSS Content,(iii) your
display of the RSS Content does not violate fair use doctrine, (iv) your use or display of the RSS Content
does not suggest that Company promotes or endorses any third party causes, ideas, websites, products
or services, including your personal website or blog, (v) you do not redistribute the RSS Content, and (vi)
your use of the RSS Content Feed does not overburden Company’s systems. Company reserves all rights
in the RSS Content and may terminate the Feeds at any time.
10.3 We may from time to time allow you to share Site content via social media share buttons. Such
sharing must include attribution to the Site.
11. Termination
You may terminate your use of the Company Service at any time. You agree that
Company may terminate or suspend your access to all or part of the Company Service, with or without
notice, in our reasonable discretion, at any time. Company reserves the right to modify or discontinue
the Company Service (or any part thereof) with or without notice, at any time. Following the termination
or cancellation of your subscription to the Company Service and/or your account, we reserve the right to
delete all your data in the normal course of operations.
12. Representations
You expressly represent, warrant, and/or acknowledge that:
12.1 Company does not warrant or guarantee the suitability or availability of any Material or
Content, including without limitation any, data, products or services, found through the Company
Service.
12.2 Company does not screen the authenticity or quality of any Material or Content or any
provider of Material or Content, including, data, products or services found through the Company
Service.
12.3 Company makes no representations or promises regarding any Material or Content, and
that many of the Material or Content provided via the Company Service may be owned or licensed by
third parties.
12.4 Neither Company, or its employees or officers, are financial professionals and make no
financial representations or promises regarding any Material or Content posted to the Site, by any party.
12.5 Neither Company, or its employees or officers, are healthcare professionals and make
no healthcare representations or promises regarding any Material or Content posted to the Site, by any
party.
12.6 Company is not a party to any transaction between you and any provider of products or
services via the Company Service. Any dispute shall be resolved between yourself and the provider of
such products or services or your customer.
12.7 Any information, including any data, Materials, or Content on the Company Service,
including on any Facebook, Instagram or Twitter page, are for informational purposes only.
12.8 You assume all risk when using the Company Service, including all the risks associated
with any online or offline interactions with other users, providers of products and services, and from
additional fees or charges from your mobile carrier.
12.9 You are of legal age to form a binding contract and are at least twenty-one (21) years of
age or you have the authority of such legal entity to form a binding contract; all registration information
you submit is accurate and truthful; you will maintain the accuracy of such information; and you are
legally permitted to use and access the Company Service and take full responsibility for the selection
and use of and access to the Company Service.
13. Warranties, Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE COMPANY SERVICE IS AT YOUR SOLE RISK. THE COMPANY SERVICE AND THE
ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, COMPANY, ITS PARENT,
SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”),
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE COMPANY SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE COMPANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE COMPANY SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE COMPANY SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE COMPANY SERVICE WILL BE CORRECTED. THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE
COMPANY SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY
INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE COMPANY SERVICE; (III) FOR ANY
UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE COMPANY SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE COMPANY SERVICE OR BETWEEN A USER OF THE COMPANY SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE COMPANY SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE COMPANY SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY
PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM
WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO COMPANY VIA THE
COMPANY SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY COMPANY TO YOU IN THE SIX
MONTHS PRIOR TO SUCH CAUSE OR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which
says: “A general release does not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which, if known by him must have materially affected
his settlement with the debtor.”
14. Indemnification
You agree to indemnify, defend and hold harmless the Company Parties
against all claims, demands, causes of action, losses, expenses, damages and costs (including any
reasonable attorneys’ fees), resulting or arising from or relating to your use of the Company Service, any
activity related to your account by you or any other person permitted by you, any Content that you
submit to, post on or transmit through the Company Service, your breach of these Terms of Service,
your infringement or violation of any rights of another, or termination of your access to the Company
Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any
such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate
with us in the defense of any such claim, action, settlement or compromise negotiations, as requested
by us.
15. Purchases and Payments
a. Purchase of Services. Your contract for the purchase of Services, if any, is completed
once you confirm your purchase and performance of this contract begins as soon as the purchase is
complete.
b. Payment Processing Methods. Company may make available to you various payment
processing methods to facilitate the purchase of Services. You must abide by any relevant terms and
conditions or other legal agreement with third party payment processors, that governs your use of a
given payment processing method. Company may add or remove payment processing methods at its
sole discretion and without notice to you. Once your purchase is complete, Company or the payment
processor may charge your credit card or other form of payment that you indicate for any Services
purchased, along with any additional applicable amounts (including any taxes). You are solely
responsible for all amounts payable associated with purchases you make via the Services.
c. Pricing. Pricing and availability of all Services for sale, if any, displayed through the Site
are subject to change at any time before you click the button indicating that you want to purchase such
Services.
16. Procedure for Notifying the Company of Copyright Infringement
Those who believe that their
copyrighted work has been infringed or are aware of other infringing material, should contact our
Copyright Agent at the address listed below and provide us with the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the owner
of the copyrighted work that has allegedly been infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Information describing where the allegedly infringing material is located on the
Company Service.
d. Your address, telephone number, and email address.
e. A written statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law.
f. A statement by you that the above information in your notification is accurate and that,
under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s
behalf. The foregoing information may be emailed or mailed to our Copyright Agent at the addresses
listed at the end of this Terms of Service.
Following receipt of the information listed above, we will remove or disable access to the infringing
material and take reasonable steps to notify the user responsible for posting said material. The posting
of infringing copyrighted material may result in the termination of user privileges of such user.
17. U.S. Export Controls
The Company Service may be subject to United States export controls. No
part of the Company Service may be exported or re-exported into any country to which the U.S. has
embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals
or the U.S. Commerce Department’s Table of Deny Orders. By using the Company Service, you represent
and warrant that you are not located in, under the control of, or a national or resident of any such
country or on any such list.
18. Miscellaneous
These Terms of Service constitute the entire agreement between Company and
each user of the Company Service with respect to the subject matter of these Terms of Service.
a. If any provision of these Terms of Service shall be deemed unlawful, void or for any
reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any
remaining provisions will not be affected.
b. The failure of the Company Parties to insist upon strict adherence to any term of these
Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit
that party’s right thereafter to insist upon strict adherence to that term or any other term contained in
these Terms of Service. You may not assign your obligations or rights hereunder to another entity or
individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations
without your consent.
c. We shall have no liability to you hereunder if we are prevented from or delayed in
performing our obligations, or from carrying on our business, by acts, events, omissions or accidents
beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial
disputes (whether involving the workforce of us or any other party), failure of a utility service or
transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage,
compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of
plant or machinery, fire, flood or storm.
d. No agency, partnership, joint venture, or employment is created as a result of these
Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
e. No action arising out of these Terms of Service or your use of the Company Service,
regardless of form or the basis of the claim, may be brought by you more than one (1) year after the
cause of action has arisen (or if multiple causes, from the date the first such cause arose).
19. Applicable Law and Jurisdiction
Your use of the Company Service is governed by and will be
enforced under the laws of the State of New Jersey without regard to its conflict of law provisions. You
agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New
Jersey. You agree that printed copies of any and all agreements and/or notices in electronic form are
admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising
from or in any way related to the Company Service or these Terms of Service shall be settled by binding
arbitration in accordance with the commercial arbitration rules of the American Arbitration Association
then in effect and before a single arbitrator chosen by Company. Any such controversy, claim, suit,
injury or damage shall be arbitrated on an individual basis and shall not be consolidated in any
arbitration with any controversy, claim, suit, injury or damage of any other party. Company may seek
any interim or preliminary relief from a court of competent jurisdiction in the State listed above
necessary to protect its rights pending the completion of arbitration. Each party shall assume its own
costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE COMPANY SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
20. Customer Service
If you have any comments or questions regarding these Terms of Service or
wish to report any violation of these Terms of Service, you may contact us at the addresses below.
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