Last Modified: 18th September, 2017
1. Introduction and Overview.
Welcome to the Pet Insurance Review website located at http://www.petinsurancereview.com (the “Website”). The Website is operated by By You LLC (the “Company”, “we”, “our” or “us”) . The following terms and conditions (“Terms”), together with any documents they expressly incorporate by reference, govern your access to and the use of the Website and any other websites or mobile applications that post a link to these Terms and that are owned and operated by the Company, including any features, content, functionality and services that we own, control and make available through such online service location (collectively, the “Service”), including when you sign up for a newsletter, register to receive third party offers or obtain insurance quotes on the Service.
In some instances, both these Terms and separate terms elsewhere on the Service will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
2. Service Use.
The Service contains: (i) materials and other items relating to Company and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
b) Limited License.
Subject to your strict compliance with these Terms and any applicable Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Certain features of the Service may require you to register an account. When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations
The Service is offered and available to users who are 18 years of age or older, and reside in the United States (including its territories) or Canada. By using the Service, you represent and warrant that you are over 18 years of age.
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- use the Service or Content for any political or commercial purpose;
- engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Company;
- harvest any information from the Service or Content;
- reverse engineer or modify the Service or Content;
- interfere with the proper operation of or any security measure used by the Service or Content;
- infringe any intellectual property or other right of any third party;
- use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you;
- impersonate or attempt to impersonate the Company or the Service, an employee, contractor or agent, another user, or any other person or entity including, without limitation, by using e-mail addresses (or user names) associated with the Company or the Service;
- use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
- use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website or Service, except those automated means that the Company has expressly approved in writing in advance;
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or the Service or users of the Service or expose them to liability;
- reproduce, duplicate, copy, sell, or otherwise exploit for any commercial purpose that is not expressly permitted by the Service;
- post fraudulent reviews or comments;
- otherwise violate these Terms or any applicable Additional Terms; and/or
- use the Content or Services in any way that violates any applicable federal, state, local, national, foreign, supranational or international laws, statutes, ordinances, treaties, directives or regulations that apply to your use of the Service and Content.
We reserve the right to withdraw, amend, suspend or terminate the Service, and any service or material we provide on the Service, in whole or in part, to any individual user or all users, for any reason, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time for any period. From time to time, we may restrict access to some parts of the Service. Upon suspension or termination of your access to the Service, or upon notice from Company, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content.
f) Reservation of Rights.
All rights not expressly granted to you are reserved by Company and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.
3. User Content.
By using the Service, you grant us a license to use the materials you post to the Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content, including but not limited to unsolicited ideas, feedback, opinions, techniques, images, sounds, videos, or other content (“User Content”), through or relating to the Service, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use User Content in connection with the operation of the business of the Company, including without limitation, a right to host, store, copy, distribute, transmit, publicly display, publicly perform, publish, reproduce, modify, adapt, edit, translate, reformat, combine with other materials, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), otherwise disclose to third parties, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your User Content, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You will not be compensated for any User Content. This includes any You further irrevocably grant us the right, but not the obligation, to use your name in connection with your User Content. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.
Our receipt of your User Content is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your User Content.
By posting User Content on the Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the accuracy of any User Content posted by you or any other user of the Service.
4. Copyright Infringement.
a) DMCA Notification.
Company responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:
- A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
- Your contact information, including your address, telephone number, and an e-mail address;
- A statement that you have a good faith belief that the use of the material in the manner asserted 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 you are authorized to act on behalf of the copyright owner.
Our designated agent is:
By You LLC, 5815 Windward Parkway, Alpharetta, GA 30005.
You can obtain further information from the Copyright Office’s online directory at www.copyright.gov/dmca-directory.
We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
b) Counter Notification.
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
We will respond to counter notifications in accordance with the DMCA.
5. Customer Support.
If you have any questions or comments, please send an e-mail to us here. You acknowledge that the provision of support is at Company’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: PetInsuranceReview c/o By You LLC, 5815 Windward Parkway, Alpharetta, GA 3005. If you would like to remove your information from our site, please send an email to us to us here with the words “UNSUBSCRIBE” in the subject field. When you communicate with us electronically, you consent to receive communications from us electronically. 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.
6. Third Party Services.
By submitting your personal information to us when requesting a quote, you authorize us to provide that information to Insurance Providers that participate in our insurance quote distribution network and operations. We take no responsibility for the contents of the quote.
7. Reviews and Insurance Provider Information
The reviews and information provided on the Service are opinions to be used for research and informational purposes only. They are not to be construed as professional or legal advice by the Company Parties (as defined below). Our site visitors should know that many factors impact the applicability of the information presented here and you shouldn’t rely on this as professional or legal advice.
The reviews that feature on the Service are provided by members of the public either by posting them directly onto the Service or through the customer care systems of some of our insurance agents, insurance companies and related third parties (collectively, “Insurance Providers”). We do not accept any responsibility or liability for reviews.
We cannot and do not provide a warranty to the accuracy of data and information provided on the Service. While some reviews may have been edited to remove any offensive material, they do not represent the opinions of the Company Parties (as defined below).
The views expressed in each post on the Company’s blog are the opinion of the author and not necessarily endorsed by the Company. While our views are provided on the Service in good faith, pet owners should not rely on the content therein and should consult with a veterinarian for professional or medical advice about the health or well-being of a pet.
8. Advertiser Disclosure/Compensation
We receive commissions, fees, or interest as compensations for the insurance policies provided to you through our Service and payment for clicks and quotes generated from our Service to Insurance Providers’ sites. If you have any questions regarding the nature or amount of the compensation paid to us, we encourage you to contact us.
We also receive payment from advertisers to feature in emails we send to users who have opted in to receive offers from third parties. It is this compensation that enables Company to provide you with services at no cost. We strive to provide a wide array of offers, but our offers do not represent all pet insurance companies or products.
9. License Status
We are a licensed independent insurance broker. You understand and agree that we are not an insurance company or similar provider of products or services, and as such, do not issue insurance policies or make coverage determinations.
10. Representations and Disclaimers Related to Products or Services
We do not directly provide insurance and make no representations, warranties or guarantees with respect to quotes, terms, rates, coverage, or services offered to you by Insurance Providers or other third parties through our Service. Any specific coverage provided to you by any Insurance Provider or other third party is subject to that party’s actual terms, conditions, exclusions, and underwriting practices. We have no authority to make any determinations respecting coverage for a specific claim.
11.Void Where Prohibited
Our Service is intended for use for those areas in the United States where we, our agents and employees, and our Insurance Providers are licensed and permitted to sell products and services. Although our Service may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law.
12. Service Features.
a) Wireless Features.
b) Location-Based Features.
- E-mails: You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us here with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Company’s ongoing business relations.
Please note that any opt-out by you is limited to the e-mail address used and will not affect subsequent subscriptions.
13. Agreement to Arbitrate Disputes and Choice of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
a) We Both Agree to Arbitrate.
You and Company understand and agree to resolve any claims, disputes or controversies relating to these Terms between you and Company, its parents, affiliates, subsidiaries or related companies (including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability) through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Company may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
b) What is Arbitration.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
c) Arbitration Procedures.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Company must do the following things:
- Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
- Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
- Send one copy of the demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
d) Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.
e) No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
f) Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
g) Choice of Law/Forum Selection.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New Castle County, Delaware.
h) Time to Bring a Claim.
Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to the Service, or the use of the Service, must be brought within one year after such claim or cause of action arose.
14. Disclaimer of Representations and Warranties.
THE SERVICE AND ALL CONTENT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE, THE SERVICE AND ANY DATA ACCESSED WHILE USING THE WEBSITE OR THE SERVICE, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE WEBSITE, THE SERVICE AND ANY DATA ACCESSED WHILE USING THE WEBSITE OR THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE MAKE NO WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING IS FREE FROM INFECTION FROM ANY COMPUTER PROGRAMMING OR OTHER BUGS WHICH MAY CONTAMINATE, DAMAGE, INTERFERE WITH, DESTROY, INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
WE DO NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE WEBSITE OR THROUGH THE SERVICE. USE OF THE WEBSITE, THE SERVICE AND ANY DATA ACCESSED WHILE USING THE WEBSITE OR USING THE SERVICE IS AT YOUR SOLE RISK.
THE COMPANY PARTIES DO NOT WARRANT THAT THE WEBSITE OR SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE WEBSITE OR SERVICE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE WEBSITE OR SERVICE WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. PETINSURANCEREVIEW.COM IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE OR SERVICES.
THE COMPANY PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE OR SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE WEBSITE OR SERVICE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. THE COMPANY PARTIES UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
THE COMPANY PARTIES DO NOT REPRESENT THAT THE WEBSITE, THE SERVICE OR ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES AND CANADA. IF YOU ACCESS OR OTHERWISE USE OUR SERVICE FROM THESE JURISDICTIONS, YOU DO SO OF YOUR OWN VOLITION AND RISK, AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL AND INTERNATIONAL LAW.
WE ARE MERELY AN INTERMEDIARY BETWEEN YOU AND INSURANCE PROVIDERS AND OTHER THIRD PARTY SERVICES. AS SUCH, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES FURNISHED BY INSURANCE PROVIDERS AND THIRD PARTY SERVICES.
15. Limitation of Liability.
To the maximum extent permitted by law, in no event shall the Company Parties be liable to you for any loss, damage, injury or liability of any kind, including without limitation, for any direct, indirect, incidental, special incidental, exemplary, consequential, punitive or any other damages arising out of or related to the Service, any third-party software, any data accessed while using the Service, your use or inability to use or access the Service, these Terms or your misuse of the Service or any content available on or through the Service, whether such damage claims are brought under any theory of law or equity even if you have advised us in advance of the possibility of such damage, including, without limitation, damages for system failure or malfunction, loss of business profits, injury to person or property, business interruption, loss of business or personal information.
If, notwithstanding the limitations of liability set forth above, any of the Company Parties are found liable under any theory, the liability of the Company Parties under this agreement or otherwise with respect to the Service and your exclusive remedy will be limited to money damages not to exceed $100.
Notwithstanding the foregoing, these disclaimers herein do not exclude any product liability claims, statutory consumer rights, damages associated with personal injury or resulting from Company intentional misconduct, recklessness, fraud or gross negligence.
We do not warrant or make any representation regarding the completeness, accuracy, reliability, usefulness, or timeliness of the materials on the Website. We do not warrant or make any representation regarding the use of or the results of the use of the materials on the Website. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or its server are free of viruses, bugs or other harmful components. You (and not us) assume the entire cost of any and all damages arising out of your use or inability to use this Website, including and costs in connection with necessary services, repair or correction.
You will defend, indemnify and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs, expenses or demands, including reasonable attorneys’ fees and costs, arising out of or in connection with any of the following: (i) your use of our Service; (ii) violation of any terms of this Terms; (iii) your User Content; (iv) your misuse of the Service; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (vi) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vii) your use of a Third Party Service; or (viii) any misrepresentation made by you. Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of Company.
17. Waiver of Injunctive or other Equitable Relief.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY.
18. Updates to Terms.
We reserve the right, in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, at any time without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.
19. Miscellaneous Provisions
a) Consent or Approval.
No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of Company.
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), User Content, Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitation of Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and Miscellaneous Provisions, will survive.
c) English Language Controls.
This English-language Terms is the Service’s official agreement with users of this Service. In case of any inconsistency between these English-language Terms and its translation into another language, this English-language document controls.
d) Severability; Interpretation, Assignment.
If a provision of these Terms, or any applicable Additional Terms, is for any reason held to be illegal, invalid, void or unenforceable, then: (i) that provision will be deemed severable from these Terms or the Additional Terms, and (ii) the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice.
These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.
e) Complete Agreement; No Waiver.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, no failure or delay on the part of you or the Company in exercising any right, power or remedy under these Terms may operate as a waiver of that or any other right, power, or remedy, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under these Terms. No waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
f) International Issues.
Company controls and operates the Service from the U.S., and Company makes no representation that the Service is appropriate or available for use beyond the U.S and Canada. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
g) Investigations; Cooperation with Law Enforcement.
Company reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Company may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
h) California Consumer Rights and Notices.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
i) New Jersey Rights.
The sections on Indemnification, Limitation of Our Liability, and Disclaimer of Representations and Warranties do not apply to New Jersey residents.