Terms and conditions– Read the Details

AGREEMENT TO TERMS

Last update 7/12/2023

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity you and Guitar Advice concerning your access to and use of Guitaradvice.com as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to “Guitaradvice.com.”

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with these Terms and Conditions, you are expressly prohibited from using the Site, and you must discontinue use immediately.

Supplemental terms and conditions or documents posted on the Site from time to time are hereby expressly incorporated herein by reference. At our sole discretion, we reserve the right to change or modify these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

You are responsible for periodically reviewing these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Option 1: Guitaradvice.com is intended for at least 18 years old users. Persons under the age of 18 are not permitted to register for the Site.

Option 2: Guitaradvice.com is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions before using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for only your information and personal use. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use 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 Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

[(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;]

(3) you have the legal capacity, and you agree to comply with these Terms and Conditions;

[(4) you are not under the age of 13;]

(5) not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the Site];

(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

(7) you will not use the Site for any illegal or unauthorized purpose;

(8) Guitaradvice.com use will not violate applicable laws or regulations.

Suppose you provide any untrue, inaccurate, not current, or incomplete information. In that case, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and are responsible for using your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
2. make any unauthorized use of the Site, including collecting usernames and email addresses of users by electronic or other means to send unsolicited emails, or create user accounts by automated means or under pretenses.
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site for advertising or selling goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and the Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords;
8. Use our support services improperly or submit false reports of abuse or misconduct.
9. Use automated systems such as scripts to send comments or messages or use data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site to harass, abuse, or harm another person.
14. use the Site as part of any effort to compete with us or otherwise use the Site and the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. attempt to bypass any Site measures designed to prevent or restrict access to the Site or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents who provide you any portion of the Site.
18. delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the service, features, functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, transparent graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “P.C.M.”).
22. except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. In our opinion, disparage, tarnish, or otherwise harm us and the Site.
24. use the Site in a manner inconsistent with any applicable laws or regulations.
25. [other]

USER-GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. It may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other site users and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
3. you have the written consent, release, and permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
4. Your contributions are not false, inaccurate, or misleading.
5. Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us).
7. Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your contributions do not violate any applicable law, regulation, or rule.
10. Your contributions do not violate any third party’s privacy or publicity rights.
11. Your contributions do not contain any material that solicits personal information from anyone under 18 or exploits people under 18 sexually or violently.
12. Your contributions do not violate any federal statute law concerning child pornography or otherwise intended to protect the health or well-being of minors;
13. Your contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your contributions do not otherwise violate or link to material that violates any provision of these Terms and Conditions or any applicable law or regulation.

Any use of the Site in violation of the preceding violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You automatically grant by posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts]. You represent and warrant that you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the preceding. The use and distribution may occur in any media format or channel.

This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site. You expressly agree to exonerate us from any responsibility and refrain from legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

(1) you should have firsthand experience with the person/entity being reviewed;

(2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language;

(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

(4) your reviews should not contain references to illegal activity;

(5) you should not be affiliated with competitors if posting negative reviews;

(6) you should not make any conclusions as to the legality of conduct;

(7) you may not post any false or misleading statements;

(8) you may not organize a campaign encouraging others to post positive or negative reviews.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or delete reviews, even if anyone considers reviews objectionable or inaccurate. We do not endorse reviews and do not necessarily represent the opinions or views of our affiliates or partners.

We do not assume liability for any review or claims, liabilities, or losses resulting from any review. By posting a review, you at this moment grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and distribute all Content relating to reviews.

MOBILE APPLICATION LICENSE

Use License
Suppose you access the Site via a mobile application. In that case, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly by the terms and conditions of this mobile application license contained in these Terms and Conditions.

You shall not:

(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;

(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

(5) use the application for any revenue-generating endeavor, commercial enterprise, or another purpose for which it is not designed or intended;

(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

(8) use the application to send automated queries to any website or to send any unsolicited commercial email;

(9) use any proprietary information, any of our interfaces, or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

(1) the license granted to you for our mobile application is limited to non-transferable permission to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and by the usage rules outlined in the relevant App Distributor’s terms of service;

(2) we are responsible for providing any maintenance and support services concerning the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services concerning the mobile application;

(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the relevant App Distributor, and the App Distributor, by its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever concerning the mobile application;

(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or the U.S. government has designated that as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not violate their wireless data service agreement when using the mobile application;

6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions and that each App Distributor will have the right (and will be deemed to have accepted the request) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either (1) providing your Third-Party Account login information through the Site, or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be available on and through the Site. You can disable the connection between your account on the Site and your Third-Party Accounts anytime.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely to identify and inform you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers obtained through such Third-Party accounts, except the username and profile picture associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) you provided are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You at this moment waive all moral rights to any such Submissions, and you at this moment warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other Content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the Content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other companies and other companies. We take no responsibility whatsoever for such assets exclusively between you and the applicable third party. Agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or damage caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain site areas, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

(1) monitor the Site for violations of these Terms and Conditions;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including, without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

(5) otherwise, manage the Site in a manner designed to protect our rights and property and facilitate the Site’s proper functioning.

We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]/posted on the Site]. You agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions by using the Site. Please be advised the Site is hosted in the United States.

Suppose you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site. In that case, you are transferring your data to the United States and expressly consent to have your data transferred to and processed in the United States.

[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, by the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as possible. As is reasonably practical.]

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will notify the person who posted or stored the material addressed in the Notification. PlNotificationsed that you may be held liable for damages under federal law if you make material misrepresentations in a Notification. Thus, if you are unsure that material located on or linked to by the Site infringes your copyright, you should consider contacting an attorney first.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) identification of the copyrighted work claimed to have been infringed, or, if the Notification covers multiple copyrighted works on the Site, a Notification list of such works on the Site;

(3) 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;

(4) information reasonably sufficient to permit us to contact the complaining party as an address, telephone number, and, if available, an email address at which the complaining party can be contacted;

(5) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(6) a statement that the information in the Notification is Notifications under penalty of perjury, that the complaining part is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter-Notification

Suppose you believe your copyrighted material was removed from the Site due to a mistake or misidentification. In that case, you may submit a written counter-notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;

(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;

(3) a statement that you will accept service of process from the partPartyt filed the Notification or Notificationy’snt;

(4) your name, address, and telephone number;

(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

(6) your physical or electronic signature.

Suppose you send us a valid, written Counter Notification meeting the abovementioned requirements. In that case, we will restore your removed or disabled material unless we first receive notice from the parties the Notification in the Notification at such part party filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed Content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will inform the person who posted or stored the material addressed in the Notification.

PlNotificationsed that you may be held liable for damages under federal law if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.]

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party in addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the Site’s contents at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without your notice. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection in addition to that.

GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed by the laws of the State of [name of State] applicable to agreements made and to be entirely performed within the State/Commonwealth of [name of State], without regard to its conflict of law principles.

DISPUTE RESOLUTION

Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in [name of County] County, [name of State], and the Parties at this moment consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient concerning venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any claim, action, or proceeding brought by either PartPartyated in any way to the Site be commenced more than ______ years after the cause of action arose.

Option 2: Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree first to attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ______ days before initiating the arbitration. Such informal negotiations commence upon written notice from one PartPartythe other PartPartynding Arbitration.

If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL WITHOUT THIS PROVISION.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“A.A.A.”) and, where appropriate, the A.A.A.’s Supplementary Procedures for Consumer-Related Disputes (“A.A.A. Consumer Rules”), both of which are available at the A.A.A. website www.adr.org.

The A.A.A. shall govern your arbitration fees and your share of arbitrator compensation. Consumer Rules and, where appropriate, limited by the A.A.A. Consumer Rules. [If the arbitrator determines such costs to be excessive, we will pay all arbitration fees and expenses.]

The arbitration may be conducted in person, by submitting documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either PartPartye arbitrator must follow applicable law. Any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable A.A.A. rules or applicable law, the arbitration will occur in [name of County] County, [name of State].

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If, for any reason, the Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of County] County, [name of State], and the Parties at this moment consent to and waive all defenses of lack of personal jurisdiction, and forum non-convenient concerning venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either PartPartyated in any way to the Site be commenced more than _____ years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither PartPartyl elects to arbitrate any Dispute falling within that portion of this provision found to be unlawful or unenforceable. A court of competent jurisdiction shall decide such Dispute within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.

Option 3: Binding Arbitration
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL WITHOUT THIS PROVISION. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“A.A.A.”) and, where appropriate, the A.A.A.’s Supplementary Procedures for Consumer-Related Disputes (“A.A.A. Consumer Rules”), both of which are available at the A.A.A. website www.adr.org.

Except where otherwise required by the applicable A.A.A. rules or applicable law, the arbitration will occur in [name of County] County, [name of State]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If, for any reason, the Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of County] County, [name of State], and the Parties at this moment consent to and waive all defenses of lack of, personal jurisdiction, and forum non-convenient concerning venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either PartPartyated in any way to the Site or Services be commenced more than ______ years after the cause of action arose.

If this provision is found to be illegal or unenforceable, then neither PartPartyl elects to arbitrate any Dispute falling within that portion of this provision found to be unlawful or unenforceable. A court of competent jurisdiction shall decide such Dispute within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.

Option 2/Option 3: Restrictions
The Parties agree that arbitration shall be limited to the Dispute between the Parties. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Option 2/Option 3: Exceptions to [Informal Negotiations and] Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION AND FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties outlined in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain specific data you transmit to the Site to manage the Site and data relating to your use of the Site. Although we perform routine data backups, you are solely responsible for all data you transmit or related to any activity you have undertaken using the Site.

You agree that we shall have no liability for any loss or corruption of such data. You now waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communication is in writing.

YOU, AT THIS MOMENT, AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You, at this moment, waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

Suppose any complaint with us is not satisfactorily resolved. In that case, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

Suppose any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable. In that case, that provision or portion of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us due to these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by having drafted them.

At this moment, you waive any defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

To resolve a complaint regarding the Site or receive further information regarding the use of the Site, please get in touch with us.