Terms of Use
Last Revised
on June 29, 2007
Welcome
to Mossy Oak Interactive, LLC . This web site is operated
by Haas Outdoors, Inc. and its subsidiary Mossy Oak Interactive (collectively, "us",
"we" or the “Company"). By accessing or using our web site (together with all content
available through the website, the "Site") or by posting on the Site, you (the "User")
signify that you have read, understand and agree to be bound by these Terms of Use
("Terms of Use"), whether or not you are a registered member of the Site.
We reserve
the right, at our sole discretion, to change, modify, add, or delete portions of
these Terms of Use at any time without further notice. If we do this, we will post
the changes to these Terms of Use on this page and will indicate at the top of this
page the date these Terms of Use were last revised. Your continued use of the Site
after any such changes constitutes your acceptance of the new Terms of Use. If you
do not agree to abide by these or any future Terms of Use, do not use or access
(or continue to use or access) the Site. It is your responsibility to regularly
check the Site to determine if there have been changes to these Terms of Use and
to review such changes.
Please
note that the guidelines, policies and other terms and conditions of use and sale
at retail outlets owned by the Company or its affiliates, other websites operated
by the Company or its affiliates and/or co-branded websites may vary.
PLEASE READ THESE TERMS
OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND
AN ARBITRATION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Contents
Privacy Policy
We care
about the privacy of our Users. Click
here to view the Site's Privacy Policy.
By using the Site, you are consenting to have your personal data transferred to
and processed in the United States.
Electronic Communications
When
you visit the Site or send e-mails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on the Site. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
Eligibility
You
affirm that you are either more than 18 years of age, or an emancipated minor, or
possess legal parental or guardian consent, and are fully able and competent to
enter into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Use, and to abide by and comply with these
Terms of Use. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13.
If you are under 13 years of age, then please do not use the Site -there are lots
of other great web sites for you. Talk to your parents about what sites are appropriate
for you.
Intellectual Property Rights; Limited License
All
content on the Site, including but not limited to designs, text, graphics, pictures,
video, information, software, music, sound and other files, and their selection
and arrangement (the "Site Content"), are the proprietary property of the Company,
its Users or its licensors with all rights reserved. No Site Content may be modified,
copied, distributed, framed, reproduced, republished, downloaded, displayed, posted,
transmitted, or sold in any form or by any means, in whole or in part, without the
Company's prior written permission, except that the foregoing does not apply to
your own User Content (as defined below) that you legally post on the Site. Provided
that you are eligible for use of the Site, you are granted a limited license to
access and use the Site and to download or print a copy of any portion of the Site
Content solely for your personal, non-commercial use, provided that you keep all
copyright or other proprietary notices intact. Except for your own User Content,
you may not republish Site Content on any Internet, Intranet or Extranet site or
incorporate the information in any other database or compilation, and any other
use of the Site Content is strictly prohibited. Such license is subject to these
Site Terms and does not include use of any data mining, robots or similar data gathering
or extraction methods. Any use of the Site or the Site Content other than as specifically
authorized herein, without the prior written permission of Company, is strictly
prohibited and will terminate the license granted herein. Such unauthorized use
may also violate applicable laws including without limitation copyright and trademark
laws and applicable communications regulations and statutes. Unless explicitly stated
herein, nothing in these Terms of Use shall be construed as conferring any license
to intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time without notice and with or without cause.
MOSSY
OAK, MOSSYOAK.COM and other graphics, logos, designs, page headers, button icons,
scripts and service names are registered trademarks, trademarks or trade dress of
the Company in the U.S. and/or other countries. The Company's trademarks and trade
dress may not be used, including as part of trademarks and/or as part of domain
names, in connection with any product or service in any manner that is likely to
cause confusion and may not be copied, imitated, or used, in whole or in part, without
the prior written permission of the Company.
You
understand that the Site is available for your personal, non-commercial use only
and may not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by the Company. You represent, warrant and
agree that no materials of any kind submitted through your account or otherwise
posted or shared by you through the Site will violate or infringe upon the rights
of any third party, including copyright, trademark, privacy, publicity or other
personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful
material. You agree not to harvest or collect email addresses or other contact information
of Users from the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications. Additionally, you agree
not to use automated scripts to collect information from the Site or for any other
purpose. You further agree that you may not use the Site in any unlawful manner
or in any other manner that could damage, disable, overburden or impair the Site.
The
following is a partial list of the kind of activity that is illegal or prohibited
on the Site. We reserve the right to investigate and take appropriate legal action
against anyone who, in our sole discretion, violates this User Conduct provision,
including without limitation, reporting you to law enforcement authorities. Prohibited
activity includes, but is not limited to:
• uploading, posting, transmitting,
sharing, storing or otherwise making available any content that we deem to be harmful,
threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing,
vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or
racially, ethnically or otherwise objectionable;
• registering for a User account on
behalf of an individual other than yourself or register for a User account on behalf
of any group or entity;
• impersonating any person or entity,
or falsely stating or otherwise misrepresenting yourself, your age or your affiliation
with any person or entity;
• uploading, posting, transmitting,
sharing or otherwise making available any unauthorized advertising, solicitations,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
• uploading, posting, transmitting,
sharing, storing or otherwise making publicly available on the Site any private
information of any third party, including, without limitation, addresses, phone
numbers, email addresses, Social Security numbers and credit card numbers;
• soliciting personal information from
anyone under 18 or solicit passwords or personally identifying information for commercial
or unlawful purposes;
• uploading, posting, transmitting,
sharing or otherwise making available any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
equipment;
• intimidating, harassing or advocating
the intimidation or harassment of another person;
• uploading, posting, transmitting,
sharing or otherwise making available any content that we deem contains excessive
violence against any person, animal or property, or promotes the use of excessive
violence against any person, animal or property.
• uploading, posting, transmitting,
sharing, storing or otherwise making available content that would constitute, encourage
or provide instructions for a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local, state, national or
international law;
• using or attempting to use another
User's account, service or system without authorization from the Company, or create
a false identity on the Site.
• uploading, posting, transmitting,
sharing, storing or otherwise making available content that, in the sole judgment
of the Company, is objectionable or which restricts or inhibits any other person
from using or enjoying the Site, or which may expose the Company or its Users to
any harm or liability of any type.
Your Account
In order
to access some features of the Site, you will have to create an account. You may
never use another User's account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account password
secure. You may not transfer your account to any other person. You must notify us immediately of any breach of security or unauthorized
use of your account. Although the Company will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for the losses of the
Company or others due to such unauthorized use.
General
•
All payments must be made by VISA, MasterCard, American Express or Discover Card.
You must be authorized to use the payment method.
We do not accept cash, checks or any other payment form. You agree to pay all fees
and charges incurred in connection with your subscription and its password (including
any applicable taxes) at the rates in effect when the charges were incurred. If
we do not receive payment from your credit card issuer or its agent, you agree to
pay all amounts due upon demand by the Company.
Unless you notify us of any discrepancies or unauthorized charges within
sixty (60) days after they first appear on your credit card statement, they will
be deemed accepted by you for all purposes, including resolution of inquiries made
by your card issuer. You release the Company from all liabilities and claims of
loss resulting from any error or discrepancy that is not reported to the Company
within sixty (60) days of its first appearance on an invoice or credit card statement.
•
Your account may be deactivated without notice to you if payment is past due, regardless
of the dollar amount. You agree to pay any outstanding balance in full within thirty
(30) days of cancellation or termination of your subscription to the Site.
•
You are responsible for paying any governmental taxes imposed on your use of the
Site and the services offered by or through the Site, including, but not limited
to, sales, use or value-added taxes.
•
We may impose an additional transaction fee for certain features or services available
on the Site. For example, a transaction
fee may be charged for the purchase of downloaded tracks or burns. Such transaction
fee will be disclosed to you prior to your agreement to the relevant transaction,
such as through the order path for such feature or service or in a similar, explicit
manner. Another example is a transaction
fee may be charged for the purchase of additional storage beyond the maximum storage
limit provided within the Obsession registration fee as outlined within the Offer
Terms.
•
WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE OUR SUBSCRIPTION FEES AND BILLING METHODS,
INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR
SERVICES PROVIDED BY US, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE
SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you,
you may terminate your subscription by going to http://www.mossyoak.com/profile/cancelSub.aspx.
Your continued use of the Site following the effective date of a change to fees
or billing methods shall constitute your acceptance of such change.
•
You agree that the Company, in its sole discretion, with or without prior notice,
may freeze or terminate your user name, password or use of the Site (or any part
thereof) for any reason, including, without limitation, if the Company believes
that you have violated or acted inconsistently with the letter or spirit of this
Terms of Use.
•
The Company may in its sole discretion and at any time modify or discontinue providing
any features or services, or any part thereof, available through the Site with or
without notice. Further, you agree
that the Company shall not be liable to you or any third-party for any interference
with or termination of your access to the Site.
Automatic
Renewal
•
Unless you notify us of your decision to terminate your subscription, your subscription
will automatically renew at the end of each subscription term. Your renewed subscription
will have the same duration as the subscription being renewed (e.g. one month, one
quarter, one year, etc.). At the time of renewal, your credit card will be charged
our then-current fees for the applicable subscription, provided that if the fee
for your subscription has increased, we will notify you at your designated email
address at least fourteen (14) days prior to renewal so that you have an opportunity
to elect not to renew.
•
Your credit card will be charged for the renewal term of your subscription on your
billing date ("Billing Date"), based on the type of subscription (e.g., on a particular
date each month for a monthly subscription; on the three-month date for a quarterly
subscription; on the anniversary for an annual subscription, etc.). If, however,
your Activation Date is on the 29th, 30th or 31st day of a month, and your Billing
Date does not exist in a particular month because there are fewer than thirty-one
(31) days in the month payment is due, your Billing Date for that particular renewal
will be on the last day of the month in which your Billing Date would otherwise
be.
Cancellation/Refund Policy
•
All fees paid and charges made prior to termination as provided herein, including
any advance charge or payment for the subscription term during which your subscription
is terminated (either by you or the Company) are nonrefundable. Termination of your
subscription shall not relieve you of any obligations to pay accrued charges.
•
To cancel your subscription, please go to
unsubscribe.
Once you have terminated your subscription, we will stop billing your credit card
until and unless you re-subscribe to the Site. All fees paid and charges made prior
to termination as provided herein are nonrefundable, including any advance charge
or payment for the subscription term during which you terminate your subscription.
Termination of your subscription shall not relieve you of any obligations to pay
accrued charges.
You
are solely responsible for the photos, profiles, messages, notes, text, information,
music, video and other content that you upload, publish or display (hereinafter,
"post") on or through the Site, or transmit to or share with other Users (collectively
the "User Content"). You understand and agree that the Company may, but is not obligated
to, review and delete or remove (without notice) any User Content in its sole discretion,
including without limitation User Content that in the sole judgment of the Company
violate this Terms of Use or which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of Users or others.
You
acknowledge that User Content is not confidential. You affirm that you have all
necessary rights, title and interest in and to, or alternatively, hold and will
continue to hold, the right to license, sell, distribute, convey, transfer, and
sublicense all User Content that you supply to and through the Site and its Users
in such format that is contemplated when you upload, submit or deliver the User
Content to the Site and its Users.
You agree that you are the person or that you have obtained the proper consents
from the persons or their guardians who appear or who the likeness of appears in
the User Content. You are responsible for all licensing and other fees due for the
use and distribution of your User Content. You agree that the User Content and the
rights and licenses that you grant under this Terms of Use (1) do not and will not
violate any applicable laws, statutes, ordinances or regulations, (2) do not and
will not violate any copyright or other intellectual property right (including the
right of publicity or privacy) of any person or entity, and (3) do not violate any
other duty or obligation that you may have to any other person or entity. You understand
that we may request documentation evidencing these rights, and you agree to promptly
submit this documentation.
By posting
User Content to any part of the Site, you automatically grant, and you represent
and warrant that you have the right to grant, to the Company an irrevocable, perpetual,
non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense)
to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any purpose on or in connection
with the Site or the promotion thereof, to prepare derivative works of, or incorporate
into other works, such User Content, and to grant and authorize sublicenses of the
foregoing. You may delete your User Content from the Site at any time; however,
access to such deleted User Content may remain available on the Site as a result
of shared entries or other features offered on the Site.
In no event will the Company be responsible for deleting any User Content
or returning any User Content to you.
In the event that your account becomes deactivated, the Company may delete all User
Content associated with the deactivated account.
Copyright Complaints
If you
believe that any material on the Site infringes upon any copyright which you own
or control, you may send a written notification of such infringement to our designated
agent as set forth below:
Name: Stuart Whitaker
Address: 200 E. Main Street, West Point, MS 39773
Phone: 601-494-8859
e-mail: copyrightinfringement@mossyoak.com
To meet
the notice requirements under the Digital Millennium Copyright Act, the notification
must be a written communication that includes the following:
• A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed;
• Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such
works at that site;
• Identification of the material that
is claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
• Information reasonably sufficient
to permit us to contact the complaining party, such as an address, telephone number
and, if available, an electronic mail address at which the complaining party may
be contacted;
• A statement that the complaining
party has a good-faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent or the law; and
•
A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance
with the Digital Millennium Copyright Act and other applicable law, the Company
has adopted a policy of terminating, in appropriate circumstances and at the Company's
sole discretion, members who are deemed to be repeat infringers.
The Company may also at its sole discretion limit access to the Site and/or
terminate the memberships of any Users who infringe any intellectual property rights
of others, whether or not there is any repeat infringement.
Links to Third Party Sites and Content
The
Site contains (or you may be sent through the Site) links to other web sites ("Third
Party Sites") as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, software and other content belonging to or originating
from third parties (the "Third Party Content"). Such Third Party Sites and Third
Party Content are not investigated, monitored or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible for any Third Party Sites accessed
through the Site or any Third Party Content posted on the Site, including without
limitation the content, accuracy, offensiveness, opinions, reliability or policies
of or contained in the Third Party Sites or the Third Party Content. Inclusion of
or linking to any Third Party Site or any Third Party Content does not imply approval
or endorsement thereof by us. If you decide to leave the Site and access the Third
Party Sites, you do so at your own risk and you should be aware that our terms and
policies no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any site to which you navigate
from the Site.
The
Site may now or in the future offer a feature whereby Users of the Site can share
with others or post to their own member profile, videos, articles, and other Third
Party Content from, and/or links to, Third Party Sites. You acknowledge and agree
that your use of this feature and all links, User Content or Third Party Content
shared through this feature are subject to, and will fully comply with the User
Conduct rules set forth above and the other terms and conditions set forth in these
Terms of Use.
You
are solely responsible for your interactions with other Users. We reserve the right,
but have no obligation, to monitor disputes between you and other Users.
YOU
AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE
OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE
COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Site may be temporarily unavailable from time
to time for maintenance or other reasons. We assume no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or alteration of,
any User Content or other communications or content uploaded, posted, transmitted,
shared or stored on the Site. The Company is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of email or players
on account of technical problems or traffic congestion on the Internet or the Site
or combination thereof, including injury or damage to Users or to any other person's
computer related to or resulting from participating or downloading materials in
connection with the Web and/or in connection with the Site.
Limitation of Liability
IN NO
EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU
SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER 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.
The
Site is controlled and offered by the Company from its facilities in the United
States of America. The Company makes no representations that the Site is appropriate
or available for use in other locations. Any offer for any feature, product or service
made through the Site is void where prohibited by local law, rules or regulations. Those who access or use the Site from
outside the United States do so at their own volition and are solely responsible
for compliance with all applicable local, regional and national laws.
Indemnity
You
agree to defend, indemnify and hold harmless the Company, its officers, directors,
employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the Site; (ii) your violation
of any term of these Terms of Use; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Content caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Use and your use of the
Ste.
Arbitration
YOU
AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL
DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE
AND THE SITE (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING
ARBITRATION, except that, to the extent that either of us has in any manner infringed
upon or violated or threatened to infringe upon or violate the other party's patent,
copyright, trademark or trade secret rights, such other party may seek injunctive
or other appropriate relief.
Arbitration
under these Terms of Use shall be conducted by the American Arbitration Association
(the "AAA") under its Commercial Arbitration Rules and, in the case of consumer
disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the
"AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration
and the allocation of costs and fees for such arbitration shall be determined in
accordance with such AAA Rules and shall be subject to the limitations provided
for in the AAA Consumer Rules (for consumer disputes). If such costs are determined
to be excessive in a consumer dispute, the Company will be responsible for paying
all arbitration fees and arbitrator compensation in excess of what is deemed reasonable.
The arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction.
To the
fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE
TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION
OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS
ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
Miscellaneous
You
agree that: (i) the Site shall be deemed solely based in Mississippi; and (ii) the
Site shall be deemed a passive website that does not give rise to personal jurisdiction
over the Company, either specific or general, in jurisdictions other than Mississippi.
These Terms of Use shall be governed by the internal substantive laws of the State
of Mississippi, without respect to its conflict of laws principles.
These Terms of Use, together with the
Privacy Policy and any other legal notices published
by the Company on the Site, shall constitute the entire agreement between you and
the Company concerning the Site. If any provision of these Terms of Use is deemed
invalid, the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in full force and effect. No
waiver of any term of this these Terms of Use shall be deemed a further or continuing
waiver of such term or any other term, and the Company’s failure to assert any right
or provision under these Terms of Use shall not constitute a waiver of such right
or provision. These Terms of Use, and
any rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by the Company without restriction.
YOU
AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
SITE (INCLUDING YOUR VISIT TO OR USE OF THE SITE) MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.