Last Updated: September 25, 2019
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. YOU ARE BOUND BY THEM.
We may, in our sole discretion, amend or change these Terms and Conditions at any time. You agree to be bound by any such amendments or changes. You should periodically review the most up-to-date versions of these Terms and Conditions.
You agree to use our website only for lawful purposes. You shall not use the Service or our website to, either directly or indirectly:
- Intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including but not limited to any rules or regulations having the force of law;
- Submit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically objectionable Content;
- Submit (or cause to be posted or submitted) a chain letter or pyramid scheme;
- Submit (or cause to be submitted) any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, or collect or harvest screen names of other users, without permission;
- Spread or distribute any spam, viruses, bugs of any type whatsoever, junk email, or mass email solicitations
YOU AGREE YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL USE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, RELATED COMPANIES, AGENTS, AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHERS). OUR SERVICE IS PROVIDED ON A COMMERCIALLY REASONABLE BASIS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SITE AT A TIME OR LOCATION OF YOUR CHOOSING.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS BY US OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU OR ANY THIRD-PARTY AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY LIABILITY TO YOU OF ANY TYPE WHATSOEVER. IN NO EVENT WILL WE OR OUR OFFICERS, MANAGERS, OWNERS, DIRECTORS, EMPLOYEES, PARENT COMPANY, RELATED COMPANIES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) RESULTING FROM: (1) ANY ERRORS, MISTAKES, OR ACTIONS BY US IN ANY WAY RELATED TO YOUR USE OF OUR WEBSITE; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF OUR WEBSITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR WEBSITE, SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR SERVERS; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS OF ANY KIND WHATSOEVER OF ANY TYPE IN ANY WAY RELATED TO THE WEBSITE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE RELATED IN ANY WAY TO THE WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE IN ANY WAY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTE OF LIMITATIONS.
You agree to indemnify, hold harmless and defend us and our officers, managers, owners, shareholders, directors, employees, parent company, related companies, agents, and other representatives from and against any and all lawsuits, claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) in any way related to or arising from: (1) Your use of and access to the Website; (2) Your violation of any term of these Terms and Conditions; (3) Your violation of any third-party right, including without limitation any copyright, trademark, patent, other intellectual property right, privacy right, or any other right; (4) any claim that Your Content caused damage to a third party; or (5) any action by You which is negligent, tortious or otherwise wrongful. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter subject to indemnification by You hereunder. This defense and indemnification obligation will survive these Terms and Conditions and Your use of the Service.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and this Agreement shall be governed by and construed exclusively in accordance with the internal laws of the State of Washington, USA, without giving effect to Washington’s principles of conflicts of law. As noted above, your conduct may be subject to other local, state, and national laws. Any legal action or proceeding with respect to these Terms and Conditions and this Agreement or any issues related thereto shall be brought in and venue shall lie in the King County Superior Court for the State of Washington or the United States District Court for the Western District of Washington at Seattle, which courts shall have exclusive jurisdiction concerning any such legal action or proceeding. Each of the parties hereto hereby irrevocably waives any objection (including without limitation any objection to the laying of venue based on the grounds of inconvenient forum), which it may now or hereafter have to the exclusive venue of any such legal action or proceeding being in such above specified courts. However, if you are a user located in the European Union, then the exclusive jurisdiction and forum for any legal action or proceeding with respect to these Terms and Conditions and this Agreement or any issues related thereto is a court located in Amsterdam, Netherlands.
These Terms and Conditions shall constitute the entire agreement between You and us, superseding any prior agreements, writings, or communications between You and us with respect to the subject matters discussed in these Terms and Conditions. If any part or portion of these Terms and Conditions is held invalid or unenforceable, that part or portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts and portions shall remain in full force and effect.
The rights and liabilities under these Terms and Conditions may not be transferred or assigned by You, although our rights and liabilities under these Terms and Conditions may be transferred or assigned by us in our sole discretion. No waiver or failure to enforce by us of any term or provision contained in these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision in any way.
As stated above, we reserve the right to amend or change these Terms and Conditions at any time and without direct notice to You. It is Your responsibility to periodically review these Terms and Conditions for any amendments or changes. Your use of the Website following any such amendments or changes will signify Your assent to and acceptance of any such amendments or changes.