Terms and Conditions of Use Agreement

 

 

Effective Jan 19, 2017

 

READ CAREFULLY. THESE TERMS AND CONDITIONS OF USE AGREEMENT (“AGREEMENT” OR “TERMS” OR “TERMS OF SERVICE”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND INDIE GLOBAL LLC OR HWY 61 NETWORKS LLC (“COMPANY”). BY ACCESSING AND USING THE SITE AND THE SERVICES AND/OR PRODUCTS OFFERED BY COMPANY AND ITS ASSOCIATES AND AFFILIATES, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT COMPLETE THE REGISTRATION PROCESS OR USE THIS SITE.

 

Any summaries of this Agreement generated by third party software or otherwise shall have no legal effect, are in no way binding upon Company, shall not be relied upon in substitution for this Agreement, and neither supersede nor modify this Agreement. This Agreement is in the English language. Any translation of this Agreement shall have no legal validity. In the event of any inconsistency between the English language version hereof and any translation of this Agreement into another language, this English language version will govern.

 

1. INTRODUCTION

 

This Agreement is a contract between you and COMPANY. By visiting or using the COMPANY’s website (www.HWY61Radio.com) or any of its related websites (“Site”), or by completing the registration process to use the COMPANY’s products and services (the “Services”), you agree to be bound by the following Terms.

 

To interact with the Services, you must complete the registration process. As part of this registration process, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the relevant forms of instructions; (b) maintain and update your information to keep it accurate, current, and complete; and (c) notify COMPANY immediately of any unauthorized use of your account or any other breach of security. If any information provided by you during the registration process is untrue, inaccurate, not current, or incomplete, COMPANY may terminate your account and refuse any and all current or future use of the Site and the Services.

 

If you intend to interact with the Site, then as part of the registration process, you will be required to select a password and username (or other applicable account designation). COMPANY may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by COMPANY in its sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with COMPANY is no longer secure, you must immediately notify COMPANY of the problem by emailing COMPANY at support@HWY61Radio.com, and you must request that your password be changed. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

 

By completing the registration process and accepting this Agreement, you represent that: (i) you have read and understood this Agreement and agree to be bound by its terms and conditions; and (ii) you are a ‘natural person’ at least eighteen (18) years of age. COMPANY does not make the Services available to anyone under the thirteen (13) years of age. Any child younger than eighteen (18) years of age may not sign up for themselves, and must have an adult parent or guardian sign up on their behalf. You agree to this Agreement on behalf of yourself and, at your discretion, on behalf of a minor child younger than eighteen (18) years of age for whom you are a parent or guardian and who you have authorized to use the account you create on the Services. Parents and guardians of users under eighteen (18) years of age will be responsible for their minor user’s use of the Services and any violation of this Agreement.

 

If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not check the acceptance box below and do not continue the registration process or attempt to access the Services.

 

2. REGISTRATION AND YOUR PERSONAL INFORMATION

 

In order to use certain features of COMPANY’s Site, you must register and provide personal information such as your name and wired or wireless device number to COMPANY (“Personal Information”). COMPANY will use your Personal Information in accordance with its Privacy and Security Policy and Data Collection Policy. Please review this Privacy and Security Policy and Data Collection Policy before you complete the registration process or attempt to use any part of the Services. For additional information regarding COMPANY’s collection, use and disclosure of your personal information, please refer to COMPANY’s Privacy and Security Policy and Data Collection Policy, a copy of which is available at the following link: www.HWY61Radio.com/privacy.

 

3. CHANGE IN TERMS AND CONDITIONS AND COMPANY SERVICES

 

COMPANY MAY MODIFY OR TERMINATE ITS SERVICES FROM TIME TO TIME, FOR ANY REASON, AND WITHOUT NOTICE OR LIABILITY TO YOU, ANY OTHER USER OR ANY THIRD PARTY. COMPANY RESERVES THE RIGHT TO REVISE THESE TERMS BY UPDATING THIS POSTING. PLEASE REVIEW THESE TERMS FROM TIME TO TIME SO THAT YOU WILL BE APPRISED OF ANY CHANGES. USE OF THE SITE AND SERVICES FOLLOWING A CHANGE TO THE TERMS CONSTITUTES AGREEMENT TO THE NEW TERMS. IF YOU CANNOT COMPLY WITH THE AMENDED TERMS, YOUR ONLY REMEDY IS TO CANCEL YOUR USE OF THE SITE AND SERVICES.

 

4. THE COMPANY SERVICE & BILLING INFORMATION

 

Presently, COMPANY does not provide content or material, such as apps, to be downloaded from its Site, but at some time in the future it may. In that event, the provisions in this Agreement will be implemented and updated to provide for same, and your use of the Site and downloading of content will be subject to and constitute acceptance of this Agreement.

 

The description of the Services and products is available at the COMPANY’s Site as it may from time to time be updated and adjusted.

 

Expiration of Third Party Licenses – COMPANY’s rights to make available certain Services and products to you may expire. In such event, COMPANY will cease providing same to you after the end of the period in which such rights expire.

 

You must have an internet-enabled computer or cell phone or device in order to access the COMPANY’s Site and/or Services. COMPANY does not provide any carrier services. Normal carrier charges and taxes from your carrier may apply to any content you obtain from COMPANY. COMPANY is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the COMPANY’s Site or Services.

 

Email Communications – If you have provided COMPANY with your email address, you agree to receive promotional and account related email communications from COMPANY. You may unsubscribe from promotional email communications by emailing COMPANY or visiting its retail facility, or as of such time that the Site becomes interactive, by unsubscribing here.

 

5. ACCEPTABLE USE OF COMPANY SITE

 

“Bots”, Hacking and Other Unauthorized Use – Users of COMPANY’s Site may not attempt (or authorize, encourage or support others’ attempts) to gain unauthorized access to any COMPANY Services, user accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decrypt, break or otherwise alter or interfere with the Services. You may not use any web robots (bots’), web crawlers, data-mining, or similar applications to submit, gather and extract data from, or otherwise use the COMPANY Services. You agree to advise COMPANY promptly of any such unauthorized use(s) or attempt(s). You may not interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or act in a manner that negatively affects the ability of other users to use the Services.

 

Customer Support – Please direct any questions concerning the Services or any other COMPANY-related issue, to a COMPANY customer service representative by e-mail at support@HWY61Radio.com.

 

Restrictions - You agree not to use, download reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate any material of COMPANY (“Material”) to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of COMPANY. The source code to the Materials contains COMPANY and its licensors’ confidential and trade secret information, and you shall at all times take reasonable steps to protect the confidentiality of such information. You further agree that you will not disassemble, decompile, reverse engineer the Material (except to the extent that this restriction is expressly prohibited by law). You understand and agree that you may not authorize, encourage or allow any Material used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

 

6. THIRD PARTY CONTENT APPEARING ON OR ACCESSIBLE THROUGH THE COMPANY SITE

 

Links and Advertisements – The COMPANY’s Site contains links to and advertisements for websites operated by third parties. While COMPANY makes commercially reasonable efforts to associate only with reputable sites, COMPANY will not be responsible for the availability, content or the practices, such as the privacy policy and practices, of these other sites. Your business dealings with any third-party advertisers through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that COMPANY and its entities, associates, affiliates, licensors, and licensees are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available through third party sites. Please contact those sites directly if you have any concerns about their availability, content or practices.

 

You assume all responsibility and risk for the use of the internet and the internet generally. COMPANY has no control over or responsibility for any content, applications, and/or any other material on, obtained from, and/or viewed through third party websites (including any third party website links COMPANY may make available as a convenience to you), or any dealings that you may have with third party websites or content providers, their owners, or advertisers. COMPANY is not liable for any damages or injury arising from any such third party content, any transactions occurring therein or with such websites, owners or advertisers, or any interruptions which might affect such transactions, including, but not limited to, transactions entered into through security-related websites. The terms and conditions, privacy policies and security levels governing the services provided by the third party websites may differ significantly from COMPANY’s policies. There are risks in using any information, products or software found on the internet, or purchasing content from or entering into transactions with third party content providers, and you should review any applicable policies of the third parties before retrieving, using, relying upon, or purchasing any materials, or otherwise transacting business, via the internet or with such third parties. Our Customer Support Center cannot assist you, regarding any issues related to third party websites or content providers.

 

Company Promotions – From time to time COMPANY may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any COMPANY promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third-party. You agree that neither COMPANY nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Service.

 

7. COMPANY PROPRIETARY RIGHTS

 

General – Your use of the Site and Services is under license; you will not obtain any ownership interest in any Services or Material or other content through these Terms or otherwise. All content in the Services or on the COMPANY Site is the property of COMPANY or its content suppliers and protected by United States and international copyright and other intellectual property laws. The compilation of all content on the Site is the exclusive property of COMPANY and protected by United States and international copyright laws. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements.

 

With respect to COMPANY’s Proprietary Rights, you may not: (i) frame or link to the Services or Material except as expressly permitted in writing by COMPANY; (ii) permit other individuals to use the Material; (iii) sell, rent, lease, or otherwise assign any rights to the Site, Material, or Services to any third party; (iv) remove any proprietary notices or labels on the Site, Material, or Services; (v) use the Site, Material, or Services in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; (vi) use the Site, Material, or Services for any commercial or unlawful purpose; (vii) use the Site, Material, or Services to invade the privacy of, or obtain personal information about, any Service account holder or user, or to obtain a list of Services account holders or users; (viii) copy, modify, erase or damage any information contained on the COMPANY, or any third party, servers; (ix) use the Site, Material, or Services in contravention of any applicable law or regulation or to violate any legal right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (x) use the Site, Material, or Services to post or transmit any unsolicited advertising, campaigning or promotional materials; (xi) access or use any password protected, secure or non-public areas of the Site, Material, or Services except as specifically authorized in writing by COMPANY (unauthorized individuals attempting to access these areas of the Site, Material, or Services may be subject to prosecution); (xii) mislead other subscribers, members or third parties as to your identity or to the origin of a message or content; (xiii) use any elements of the Site, Material, or Services in any application where the failure or potential failure of the Site, Material, or Service may cause injury, harm, death, or other grave problems; or (xiv) use the Site, Material, or Services to place a call or deliver a message to any telephone number, email address, or text message identifier without the permission of the person who controls the same.

 

Trademark Information – All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of COMPANY and/or its affiliates, licensors and/or licensees. Without COMPANY’s prior permission, you agree not to display or use in any manner the marks of COMPANY or its entities, affiliates, associates, licensors, and/or licensees.

 

8. YOUR CONTENT

 

You acknowledge that you are responsible for the information and material that you submit to the Site and Service or transmit through the Site and Service (“Submissions”), and that you, and not COMPANY, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and copyright, and all required and appropriate third party clearances.  Unless otherwise expressly stated herein or in the COMPANY Privacy Policy, you agree that any Submission provided by you in connection with your use of the Site and Service is provided for public use and on a non-confidential basis.

 

You will retain all ownership rights in your Submissions.  However, by submitting your Submissions to us, you hereby grant to COMPANY, a non-exclusive, fully paid, royalty-free, worldwide license (with the right to sublicense through multiple tiers of sublicensees) to use, copy, modify, adapt, transmit, and distribute your Submissions on and through the Site and Service.  You further represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Site and Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay all royalties, license fees and any other monies owing any person or entity by reason of any Submission posted by you on or through the Site and Service.  You shall be solely liable and shall indemnify and hold COMPANY harmless for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submissions and the use of same by your End Users and will hold and indemnify company from any and all claims, damages, and costs.

 

COMPANY does not actively monitor your postings to the Site and Service.  However, if COMPANY becomes aware of inappropriate use of the Site and Service, COMPANY may respond in any way that we deem appropriate in our sole discretion, including removing your Submission and terminating your account and access to the Site and Service.  You acknowledge that COMPANY may report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct.  When requested, COMPANY may cooperate with law enforcement agencies in any investigation of alleged illegal activity.

 

COMPANY may remove any Submission that COMPANY determines, in its sole discretion, violates the terms of this Agreement, including any of your representations and warranties, or are otherwise deemed by COMPANY to be inappropriate for posting.

 

COMPANY respects the rights of all copyright holders. COMPANY responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the United States Digital Millennium Copyright Act. The contact for such notices is support@hwy61radio.com.

 

9. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

 

Disclaimer of Warranties – You expressly understand and agree that: the COMPANY’s Site and Services and products included in the COMPANY’s Services are provided “as is” and “as available” with no warranties by COMPANY or its agents, employees, parents, subsidiaries, entities, associates, affiliates, licensors, business partners and/or suppliers. COMPANY and the COMPANY entities, associates, affiliates, licensors, and licensees expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

 

COMPANY and COMPANY’s entities, associates, affiliates, licensors, and licensees disclaim any warranties that the Site, Material, and Services: (a) will meet your requirements, or (b) that your access to the same will be uninterrupted or error-free, or (c) make any representations regarding the use or the results of the use of the Services with respect to the accuracy, operability, availability, security, reliability, timelines, and performance of the COMPANY Site, Material, and Services.

 

You understand and agree that your use of COMPANY’s Site, Material, and Services are at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of data. You will not hold COMPANY and/or the COMPANY entities, associates, affiliates, licensors, and licensees responsible for any damages that result from you using the Site, Services, and Material, including, but not limited to, any infections or contaminations of your devices you use to access the same or to transfer data that may result from that use.

 

No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to COMPANY and/or the COMPANY entities, associates, affiliates, licensors, and licensees, as applicable. COMPANY and the COMPANY entities, associates, affiliates, licensors, and licensees disclaim any warranties for services or goods received through or advertised on COMPANY’s Site and Services or received through any links provided by COMPANY’s Site and Services.

 

LIMITATION OF LIABILITY – YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR OUR VENDORS, SUPPLIERS, OR LICENSORS ARE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY: (A) ACT OR OMISSION BY YOU, OR ANOTHER PERSON OR COMPANY; (B) PROVIDING OR FAILING TO PROVIDE SERVICES, INCLUDING DEFICIENCIES OR PROBLEMS WITH OUR PRODUCTS OR SERVICES; (C) TRAFFIC OR OTHER ACCIDENTS, OR ANY HEALTH-RELATED CLAIMS ALLEGEDLY ARISING FROM THE USE OF PRODUCTS AND SERVICES; (D) CONTENT OR INFORMATION ACCESSED WHILE USING OUR SERVICES, SUCH AS THROUGH THE INTERNET; (E) INTERRUPTION OR FAILURE IN ACCESSING OR ATTEMPTING TO ACCESS EMERGENCY SERVICES; OR (F) EVENTS DUE TO FACTORS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD (INCLUDING, WITHOUT LIMITATION, WEATHER-RELATED PHENOMENA, FIRE OR EARTHQUAKE), WAR, RIOT, STRIKE, OR ORDERS OF GOVERNMENTAL AUTHORITY. IN THE EVENT WE ARE FOUND TO BE RESPONSIBLE TO YOU FOR MONETARY DAMAGES RELATING TO THE SERVICES AND PRODUCTS, YOU AGREE THAT ANY SUCH DAMAGES WILL NOT EXCEED OUR CHARGES TO YOU FOR SUCH SERVICES AND PRODUCTS DURING THE AFFECTED PERIOD. EXCEPT AS OTHERWISE PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.

 

 

NO CONSEQUENTIAL OR OTHER DAMAGES - UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR THE COMPANY ENTITIES, ASSOCIATES, AFFILIATES, LICENSORS, AND LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SITE, SERVICES, OR MATERIAL, OR FROM THE INTERRUPTION, NON-PERFORMANCE, SUSPENSION, OR TERMINATION OF THE COMPANY SITE, SERVICES, AND MATERIAL (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF COMPANY AND/OR THE COMPANY ENTITIES, ASSOCIATES, AFFILIATES, LICENSORS, AND LICENSEES, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ADVICE, INFORMATION, SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON THE COMPANY SITE, SERVICES, AND MATERIAL OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE COMPANY SITE, SERVICES, AND MATERIAL.

 

WITHOUT LIMITING THE FOREGOING, COMPANY OR ITS ENTITIES, ASSOCIATES, AFFILIATES, LICENSORS, AND LICENSEES SHALL NOT BE LIABLE FOR ANY DELAY, INTERFERENCE OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OR CONDITIONS BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, FIRE OR OTHER CASUALTY OR ACCIDENT, INTERNET FAILURES, TELEPHONE EQUIPMENT FAILURES, ACTS OF GOD, SEVERE WEATHER CONDITIONS, WAR OR OTHER VIOLENCE, OR ANY LAW, ORDER, PROCLAMATION, REGULATION, ORDINANCE, DEMAND OR REQUIREMENT OF ANY GOVERNMENTAL AGENCY.

 

Exclusions and Limitations – some states or other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

 

10. CANCELLATION & TERMINATION

 

You may cancel your Services or your account with COMPANY by sending an email from your computer or mobile device, or by sending written notice to accounts@hwy61radio.com.

 

Termination – COMPANY reserves the right, at its sole discretion, to terminate your permission to access and use your COMPANY account and/or the COMPANY Site, Services, and Material for any reason at any time without notice, including in the event that COMPANY reasonably believes that you have breached or acted inconsistent with any provision of the Terms. You acknowledge and agree that COMPANY and its entities, associates, affiliates, licensors, and licensees shall have no liability or responsibility to you for termination or suspension of your access or use, and that, in the event you breach these Terms.

 

Disputes – Your sole right and remedy with respect to any dispute with COMPANY is to cancel your account. Disputes may include, but are not limited to, disputes related to or arising out of: these Terms or any policy or practice of COMPANY, including its Privacy and Security Policy and Data Collection Policy, or COMPANY’s enforcement or application of the same; access to the Site, Services, and Material; and the COMPANY billing method or amount or type of fees, surcharges and applicable taxes or any change to the same.

 

11. HOW ARE DISPUTES RESOLVED - WE EACH AGREE THAT, INSTEAD OF SUING IN COURT, ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES AGAINST EACH OTHER ARISING OUT OF OR RELATING TO THIS AGREEMENT, OUR SERVICES OR PRODUCTS, INCLUDING BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EVEN IF IT ARISES AFTER YOUR SERVICES HAVE TERMINATED (THE “CLAIMS”). THERE IS NO JUDGE OR JURY IN ARBITRATION, THIS INCLUDES ANY CLAIMS AGAINST OTHER PARTIES RELATING TO THE SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU (SUCH AS SUPPLIERS, OR THIRD PARTY VENDORS) WHENEVER YOU ALSO ASSERT CLAIMS AGAINST COMPANY IN THE SAME PROCEEDING. WE EACH AGREE THAT THE FEDERAL ARBITRATION ACT APPLIES TO THESE TERMS AND ITS PROVISIONS, NOT STATE LAW, GOVERN ALL QUESTIONS OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. THIS PROVISION DOES NOT PREVENT EITHER YOU OR COMPANY FROM BRINGING APPROPRIATE CLAIMS IN SMALL CLAIMS COURT, BEFORE THE FEDERAL COMMUNICATIONS COMMISSION OR A STATE COMMISSION.

 

WE EACH FURTHER AGREE THAT NEITHER COMPANY NOR YOU WILL JOIN ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO CLAIM EITHER COMPANY OR YOU HAS AGAINST THE OTHER SHALL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER US NOR YOU WILL ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE. IF FOR ANY REASON THIS ARBITRATION PROVISION DOES NOT APPLY TO A CLAIM, WE AGREE TO WAIVE TRIAL BY JURY.

 

The arbitration will be filed with and the single arbitrator will be selected according to the rules of the American Arbitration Association (“AAA”), or, alternatively, as we both may mutually agree. All issues, including the scope of this arbitration provision, are for the arbitrator to decide. We each agree to pay our respective arbitration costs, except as otherwise required by rules of AAA, as applicable, but the arbitrator can apportion these costs as appropriate. The arbitrator’s decision and award is final and binding, and judgment on the award may be entered in any court with jurisdiction. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorneys’ fees.

 

12. GENERAL TERMS

 

Applicable Law – These Terms and your use of the Site, Services, and Material will be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You expressly consent that the state or federal courts located in San Francisco, California, shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or any claim involving COMPANY or its entities, partners, parents, associates, affiliates, subsidiaries, employees, contractors, officers, directors, suppliers, licensors, or licensees, and you hereby covenant that you will not bring suit in any other jurisdiction.

 

Severability of Terms – If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder of the Terms will continue in full force and effect.

 

Entire Agreement – These Terms, which incorporate by reference the COMPANY Privacy and Security Policy and Data Collection Policy, constitute the entire agreement between the parties with respect to your use of the Site, Services, Material, or any part thereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by COMPANY. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

 

Assignment of Terms – These Terms may not be assigned by any user. These Terms may be assigned by COMPANY and shall inure to the benefit of COMPANY, its successors and assigns.

 

No Right of Survivorship or Transferability – You agree that your Company account, including any optional profiles you may create, is non-transferable and any rights to your account or the contents thereof terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

 

COMPANY’s Remedies – You agree that any unauthorized use of the Site, Services, and Material  would result in irreparable injury to COMPANY and/or its entities, associates, affiliates, licensors, or licensees for which money damages would be inadequate. In such event COMPANY and/or its entities, associates, affiliates, licensors, and licensees, shall have the right to immediate injunctive relief against you, in addition to other remedies available at law and in equity. Nothing contained in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that COMPANY, its entities, associates, affiliates, licensors, and licensees may have, including but not limited to, any claim for intellectual property infringement.

 

Indemnity – By using the COMPANY Site, Services, and Material, you agree to indemnify and hold COMPANY, its entities, associates, affiliates, employees, directors, successors, assigns, licensors, and licensees harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys’ fees, relating to or arising out your use of the Site, Services, and Material, your violation of these Terms, or your violation of any rights of another party.

 

13. OTHER PROVISIONS - A waiver of any part of this Agreement in one instance is not a waiver of any other part or any other instance. A waiver must be expressly provided in writing. If we do not enforce our rights under any provisions of this agreement, we may still require strict compliance in the future. You cannot assign this Agreement or any of your rights or duties under it without our prior written consent. We may assign all or part of this Agreement or your debts to us without notice. If you purchase products, services, or content from a third party, that shall be subject to a separate agreement with the third party and COMPANY is not a party to that agreement. Section headings in this Agreement are for descriptive, non-interpretive purposes only.

 

©2017 Indie Global LLC [OR HWY 61 NETWORKS LLC]