By accessing or using any of the Fantasy Golf Insider, LLC (“Company”) Internet properties including, without limitation, any site containing the URL: www.fantasygolfinsider.com, and any other websites operated by Company from time to time (collectively referred to as the “Company Websites” or “Websites” or “Website”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”).  Please read these Terms of Use carefully as well as the Company Privacy Policy (“Privacy Policy”) which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate use of the Website.

In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” shall include such entity or person in addition to you, and your acceptance of this Term of Use and Privacy Policy shall constitute acceptance on behalf of such entity or person.

1. Your Acceptance; Revisions to Terms of Use

The Website is only available to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement to and by you and in regard to your use and access of the Website.

Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. Any additional or updated terms, including but not limited to the Privacy Policy or future amended Terms of Use (“Additional Terms”), are incorporated herein by reference.  To the extent there is a conflict between the Terms of Use and any Additional Terms for the activity in which you choose to participate or engage in, the Additional Terms shall govern.

Company will endeavor to notify you of such Additional Terms via the email address you provided to Company.  You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes.  The continued use of the Website following the posting of changes to these Terms of Use will constitute your acceptance of those changes.  The most current version of these Terms of Use can be reviewed at fantasygolfinsider.com.

By using or otherwise accessing the Website, creating, registering or accessing an account, posting or downloading Content or any other information to or from the Website, purchasing any products or services via the Website or manifesting your assent to these Terms of Use in any other manner, you hereby unequivocally and expressly agree to, and shall be subject to, these Terms of Use.  If you do not unequivocally agree to these Terms of Use, you may not use or otherwise access the Website, create, register or access an account, post or download Content or any other information to or from the Website or purchase any products or services via the Website.

 

 

2. General Terms of Use and Restrictions on Use

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website conditioned on your continued acceptance of, and compliance with, these Terms of Use.  In the event that you subscribe to certain services or Content provided by Company via the Website on a subscription basis (the “Subscription Content”), upon payment of any applicable fees or other charges associated with such subscription, Company grants you a limited, non-exclusive, non-transferable license to access and use such Subscription Content for the term of the subscription.  You may use the Subscription Content, the Website, and any material which meet the definition of “Content” hereunder for your noncommercial, personal use only and not for any other purpose.  All rights not otherwise expressly granted by these Terms of Use are reserved by Company.  If you do not comply with the Terms of Use at any time, Company reserves the right to bar, restrict, revoke, or suspend your access to the Website and/or to terminate this license at any time.  Further, the Company may limit your access to the Website or restrict your ability to post or download Content or order products and services.  You are solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Website or any part thereof.

Company may discontinue or alter any aspect of the Website, remove Content from the Website, restrict the time the Website is available or restrict the amount of use permitted at Company’s sole discretion and without prior notice or liability.  You agree that Company may, under certain circumstances, immediately suspend and/or terminate your access to the Website or any part thereof.  Cause for such measures shall include, without limitation: (i) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (ii) discontinuance or material modification to the Website; (iii) unexpected technical or security issues or problems; (iv) extended periods of inactivity; and/or (v) engagement by you in fraudulent or illegal activities.

You further agree that such measures shall be taken in Company’s sole discretion and without liability to you or any third party.

3. License Restrictions.

Unless otherwise expressly stated in these Terms of Use or you receive Company’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Websites, any Content, or any other portion of any other material thereof.  Further, you may not (i) use the Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Website, including Content; (ii) interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Website.

 

 

4. Click-Through Agreements

Before using certain areas of the Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept”, “I Agree”, “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement.  To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

5. Personal Login Information

Certain features and areas of the Website may only be available via registration or a login such as a member account number, and/or a paid subscription.

If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer.  Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Company is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the Company immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

6. Company Intellectual Property

The content of the Websites includes, without limitation, (i) Company’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Company Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Website (the items identified in subsections (i), (ii), and (iii) shall be collectively referred to herein as “Company Content”)(Company Content, Company Marks, Company Subscriptions, and all other Company materials may be referred to individually as identified above or collective as “Content”). Content is the property of Company, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, modification, sale, publication, broadcast, circulation or dissemination of any Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner.

Furthermore, you will expressly not alter, reverse engineer, disassemble, decompile, or translate Content or copyright or trademark or other notices appearing in the Content or Website including any such notices, information, or intellectual property appearing on any Content you are permitted to download, transmit, display, print, or reproduce from the Website. Any unauthorized use of any Content from the Website, whether such item is owned by Company or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.

7. Sharing of Content

You may download or copy Content and other downloadable items displayed on the Website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content, other than for personal use, is expressly prohibited without prior written permission from Company, or the copyright holder identified in the copyright notice contained in the Content.

8. Content

You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Company or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.  For the avoidance of doubt, references to “Content” shall also include User Content.

The Content posted by users via the Website other than Feedback (defined below) (“User Content”) is the intellectual property of the specific users of the Website who post such User Content and their licensors, if any.  Company does not claim any ownership rights in such User Content.  By posting User Content via the Website, however, you hereby grant to Company a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating such User Content.

Company does not generally monitor or otherwise remove User Content after it is posted on the Website except under certain limited circumstances as required or permitted by law or otherwise in the sole discretion of Company.  In the event you would like to request that Company remove your User Content from the Website, please contact our Company.  Please note however, that if Company agrees, in its sole discretion to remove your User Content, such User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (i) your User Content has been incorporated into derivative works or compilations created by Company or other parties; (ii) such User Content has been retained in Company’s data backup systems or for archival purposes; or (iii) to the extent such User Content has been sold to or downloaded by other persons and such persons retain your User Content.

For purposes of these Terms of Use, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.

9. Feedback

Company welcomes your comments, feedback, information, or materials regarding the Website, Content or Company’s products or services (collectively, “Feedback”).  If you submit Feedback to Company, please note that your Feedback shall become the property of Company. By submitting your Feedback to Company, you agree to hereby irrevocably assign to Company, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis.  Company shall be free to use your Feedback on an unrestricted basis.  You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.

10. Company’s Privacy Policy

Company collects, stores and uses data collected from you in accordance with Company’s Privacy Policy, located at fantasygolfinsider.com. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

11. Links Posted by Company

The Website may provide, or third parties may provide, links to other websites or resources on the Internet.  Because Company has no control over such websites or resources, you acknowledge and agree that Company is not responsible for the availability of such external websites or resources, and Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources.  You further acknowledge and agree that Company shall not be responsible or liable, 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 such content, goods or services available on or through any such website or resource. Company strongly encourages you to review any separate terms of use and privacy policies governing use of these third party websites and resources.

12. Links Posted by Third Party User

Links posted by third parties to the Website and/or Content may not use the Company trademark or logo and shall not suggest that the Company promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Website shall be the responsibility of the linking party. The Company reserves the right to require any linking party to disable or remove any link that violates Company’s policies, rights or causes interruption or deterioration of Content.

 

 

13. Purchases

Company may allow users to place Orders for products, subscriptions and/or services via the Website or through its third-party affiliate.  “Order” shall mean any order placed by a user for products, subscriptions and/or services via the Website that is accepted by Company.  In the event that you are a user placing an Order to purchase products, subscriptions and/or services, you are subject to the additional terms of this section.  Please note that in some cases, you may be directed to a third-party website to make purchases.  In such an event, the purchase terms in this section still apply, however, your purchase will also be governed by the terms of such third-party website.  By making such purchases, you hereby agree that Company has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party websites.

In the event you purchase products that embody or otherwise contain Content owned by Company or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein: (i) you may not resell any Content or otherwise profit from its use or display; (ii) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (iii) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (iv) you will not obscure or remove any proprietary rights notices contained in or on the Content.

Additionally, Content is: (i) the confidential information of Company, (ii) you may use the Content only for your personal use, (iii) you may not disclose Content to third parties, and (iv) you will use best efforts to safeguard such Content from unauthorized use or disclosure.

In the event a product ordered by you is damaged upon receipt, Company, at its sole option, may provide a replacement product or refund the purchase price.  Damaged products which Company will accept for return or refund include products that are missing, torn, or physically damaged or inoperable.  Otherwise, Company cannot guarantee the quality of the products sold via the Website that contain User Content or guarantee the lack of errors in such User Content (including, without limitation, misspellings and grammatical or other errors).  Company does not monitor or inspect User Content prior to inclusion in products sold via the Website, and the user creating and/or posting such User Content bears all responsibility for such User Content.

14. User Representations

You hereby represent and warrant to Company that: (i) you (a) have reached the age of majority in the jurisdiction where you, (b) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence, (c) possess legal parental or guardian consent or (d) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (ii) all information provided by you to Company is truthful, accurate and complete; (iii) you are an authorized signatory of the credit or debit card or other method of payment that you provide to Company or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or subscription via the Website; (iv) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Website or Content or any part thereof; (v) you have provided and will maintain accurate and complete registration information with Company, including, without limitation, your legal name, email address and any other information Company may reasonably require; (vi) your access to and use of the Website or any part thereof and/or purchase and use of any products, services, or subscriptions will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (vii) you will immediately notify Company in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; (viii) you will not use the Website in order to gain competitive intelligence about Company, the Website, or any product service, or subscription offered via the Website or to otherwise compete with Company or its affiliates; and (ix) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.

In the event that you post any User Content or provide any Feedback via the Website, you hereby make the following additional representations and warranties to Company: (i) you are owner of such User Content or Feedback or otherwise have the right to grant Company the licenses or assignments granted pursuant to this Agreement; (ii) you have secured any and all consents necessary to post the User Content or Feedback and to grant the foregoing licenses or assignments; (iii) the User Content or Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content or Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (iv) the use of any User Content or Feedback will not result in harm or personal injury to any third party; and (v) all factual information contained in the User Content or Feedback is true and accurate.

15. Prohibited Uses

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Website or any part thereof or post any User Content which includes, without limitation: (i) use of the Website to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (ii) use of the Website to post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (iii) use of the Website to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website, to restricted portion of the Website, to Content, or any other computer network or equipment; (iv) use of the Website to post, store or disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (v) use of the Website to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (vi) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Website); (vii) use of the Website to gain competitive intelligence about Company, the Website or any product or service offered via the Website or to otherwise compete with Company or its affiliates; (viii) framing or otherwise simulating the appearance or functions of the Website or any portion thereof; (ix) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users or (x) use of the Website to engage in any activity that, as determined by Company, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.

16. Disclaimer

Company uses reasonable efforts to maintain the Website and Content, but Company is not responsible for any defects or failures associated with the Website, any part thereof, any Content posted using the Website, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.  The Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs which Company may undertake from time to time, or (iii) causes beyond the control of Company or which are not foreseeable by Company.

Company does not control the User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose.  Despite the fact that it has no monitoring obligations, Company reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may otherwise violate these Terms of Use.  Because the User Content offered via the Website is provided by other users, and because Company does not monitor or exercise control over the User Content, Company does not make any warranties or representations regarding any of the User Content offered via the Website or the quality thereof.  Company does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content.  You understand that by using the Website, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall Company be liable under any theory for such exposure.

Company is not a backup service for storing User Content, and Company shall have no liability regarding any loss of User Content.  You are solely responsible for creating backups of any User Content you post using the Website.

17. Warranties Disclaimed

THE WEBSITE AND COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER COMPANY, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “COMPANY PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE OR CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

18. Exclusion of and Limitation of Liability

THE COMPANY PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR ANY COMPANY CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE AND/OR COMPANY CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE WEBSITE ARISING OUT OF CAUSES BEYOND COMPANY’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE COMPANY CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE WEBSITE OR COMPANY CONTENT.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE WEBSITE AND/OR THE CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE WEBSITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT COMPANY HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

19. Exclusions Permitted by Law

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 16, 17, AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ‘S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20. Indemnification

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Company from and against all claims arising from or in any way related to your use of the Website and/or Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Website and/or Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. Company will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Company other than under this section.

21. Term and Termination

These Terms of Use will take effect at the time you begin using the Website. Company reserves the right, with or without notice, at any time and for any reason to deny you access to the Website or to any portion thereof, and to terminate these Terms of Use. You may terminate these Terms of Use at any time by ceasing to use the Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Website, including any Content, in your possession.

22. Arbitration; Venue

Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Minneapolis, Minnesota. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Minnesota and/or the United States District Court for the District of Minnesota shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE.  Company reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the District of Minnesota or any State of court located in Hennepin County, Minnesota.

23. Governing Law

These Terms of Use and all matters regarding your use of the Website shall be governed by, construed in accordance with, and enforced under the laws of any applicable state as such state’s laws apply to contracts made and executed and wholly performed in the State of Minnesota, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

24. Waiver and Severability

The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

25. Complete Agreement

These Terms of Use, together with any revisions, and any Additional Terms or conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the Website and it is used by you, and supersedes any previous written or oral communication regarding use of the Website.

26. Contact Information

If you have any questions or concerns regarding these Terms of Use or the Website, please visit our “Contact Us” page.

 

 

27. Statute of Limitations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

28. Use of Websites and Content outside of the United States

Company makes no claims regarding access or use of the Website or the Content outside of the United States. If you use or access the Website or the Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.