WEBSITE TERMS OF SERVICE
Last updated 1/1/2026
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AGREEMENT TO TERMS
Appointments can be rescheduled by contacting us directly. Booking fees are non-refundable
These Terms of Service constitute a legally binding agreement made betweenyou, whether personally or on behalf of an entity (“you”) and ourbusiness (“we,” “us” or “our”), concerning your access to and use ofthis website as well as any other media form, media channel, mobilewebsite or mobile application related, linked, or otherwise connectedthereto (collectively, the “Site”).
You agree that by accessingthe Site, you have read, understood, and agree to be bound by all ofthese Terms of Service. If you do not agree with all of these Terms ofService, then you are expressly prohibited from using the Site and youmust discontinue use immediately.
Supplemental Terms of Serviceor documents that may be posted on the Site from time to time are herebyexpressly incorporated herein by reference. We reserve the right, inour sole discretion, to make changes or modifications to these Terms ofService at any time and for any reason.
We will alert you aboutany changes by updating the “Last updated” date of these Terms ofService, and you waive any right to receive specific notice of each suchchange.
It is your responsibility to periodicallyreview these Terms of Service to stay informed of updates. You will besubject to, and will be deemed to have been made aware of and to haveaccepted, the changes in any revised Terms of Service by your continueduse of the Site after the date such revised Terms of Service are posted.
The information provided on the Site is not intended fordistribution to or use by any person or entity in any jurisdiction orcountry where such distribution or use would be contrary to law orregulation or which would subject us to any registration requirementwithin such jurisdiction or country.
Accordingly, those personswho choose to access the Site from other locations do so on their owninitiative and are solely responsible for compliance with local laws, ifand to the extent local laws are applicable.
[The Site isintended for users who are at least 13 years of age.] All users who areminors in the jurisdiction in which they reside (generally under the ageof 18) must have the permission of, and be directly supervised by,their parent or guardian to use the Site. If you are a minor, you musthave your parent or guardian read and agree to these Terms of Serviceprior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unlessotherwise indicated, the Site is our proprietary property and allsource code, databases, functionality, software, website designs, audio,video, text, photographs, and graphics on the Site (collectively, the“Content”) and the trademarks, service marks, and logos containedtherein (the “Marks”) are owned or controlled by us or licensed to us,and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws of the UnitedStates, foreign jurisdictions, and international conventions.
TheContent and the Marks are provided on the Site “AS IS” for yourinformation and personal use only. Except as expressly provided in theseTerms of Service, no part of the Site and no Content or Marks may becopied, reproduced, aggregated, republished, uploaded, posted, publiclydisplayed, encoded, translated, transmitted, distributed, sold,licensed, or otherwise exploited for any commercial purpose whatsoever,without our express prior written permission.
Provided that youare eligible to use the Site, you are granted a limited license toaccess and use the Site and to download or print a copy of any portionof the Content to which you have properly gained access solely for yourpersonal, non-commercial use. We reserve all rights not expresslygranted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
[(1)all registration information you submit will be true, accurate,current, and complete; (2) you will maintain the accuracy of suchinformation and promptly update such registration information asnecessary;]
(3) you have the legal capacity and you agree to comply with these Terms of Service;
[(4) you are not under the age of 13;]
(5)not a minor in the jurisdiction in which you reside[, or if a minor,you have received parental permission to use the Site];
(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation.
Ifyou provide any information that is untrue, inaccurate, not current, orincomplete, we have the right to suspend or terminate your account andrefuse any and all current or future use of the Site (or any portionthereof).
USER REGISTRATION
You may be required toregister with the Site. You agree to keep your password confidential andwill be responsible for all use of your account and password. Wereserve the right to remove, reclaim, or change a username you select ifwe determine, in our sole discretion, that such username isinappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
Youmay not access or use the Site for any purpose other than that forwhich we make the Site available. The Site may not be used in connectionwith any commercial endeavors except those that are specificallyendorsed or approved by us.
As a user of the Site, you agree not to:
1.systematically retrieve data or other content from the Site to createor compile, directly or indirectly, a collection, compilation, database,or directory without written permission from us.
2. make anyunauthorized use of the Site, including collecting usernames and/oremail addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated meansor under false pretenses.
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site to advertise or offer to sell goods and services.
5.circumvent, disable, or otherwise interfere with security-relatedfeatures of the Site, including features that prevent or restrict theuse or copying of any Content or enforce limitations on the use of theSite and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7.trick, defraud, or mislead us and other users, especially in anyattempt to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct.
9.engage in any automated use of the system, such as using scripts tosend comments or messages, or using any data mining, robots, or similardata gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to harass, abuse, or harm another person.
14.use the Site as part of any effort to compete with us or otherwise usethe Site and/or the Content for any revenue-generating endeavor orcommercial enterprise.
15. decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Site.
16. attempt to bypass any measures of the Sitedesigned to prevent or restrict access to the Site, or any portion ofthe Site.
17. harass, annoy, intimidate, or threaten any of ouremployees or agents engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20.upload or transmit (or attempt to upload or to transmit) viruses,Trojan horses, or other material, including excessive use of capitalletters and spamming (continuous posting of repetitive text), thatinterferes with any party’s uninterrupted use and enjoyment of the Siteor modifies, impairs, disrupts, alters, or interferes with the use,features, functions, operation, or maintenance of the Site.
21.upload or transmit (or attempt to upload or to transmit) any materialthat acts as a passive or active information collection or transmissionmechanism, including without limitation, clear graphics interchangeformats (“gifs”), 1×1 pixels, web bugs, cookies, or other similardevices (sometimes referred to as “spyware” or “passive collectionmechanisms” or “pcms”).
22. except as may be the result ofstandard search engine or Internet browser usage, use, launch, develop,or distribute any automated system, including without limitation, anyspider, robot, cheat utility, scraper, or offline reader that accessesthe Site, or using or launching any unauthorized script or othersoftware.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. use the Site in a manner inconsistent with any applicable laws or regulations.
25. [other]
USER GENERATED CONTRIBUTIONS
TheSite may invite you to chat, contribute to, or participate in blogs,message boards, online forums, and other functionality, and may provideyou with the opportunity to create, submit, post, display, transmit,perform, publish, distribute, or broadcast content and materials to usor on the Site, including but not limited to text, writings, video,audio, photographs, graphics, comments, suggestions, or personalinformation or other material (collectively, "Contributions").
Contributionsmay be viewable by other users of the Site and through third-partywebsites. As such, any Contributions you transmit may be treated asnon-confidential and non-proprietary. When you create or make availableany Contributions, you thereby represent and warrant that:
1.the creation, distribution, transmission, public display, orperformance, and the accessing, downloading, or copying of yourContributions do not and will not infringe the proprietary rights,including but not limited to the copyright, patent, trademark, tradesecret, or moral rights of any third party.
2. you are the creatorand owner of or have the necessary licenses, rights, consents,releases, and permissions to use and to authorize us, the Site, andother users of the Site to use your Contributions in any mannercontemplated by the Site and these Terms of Service.
3. you havethe written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name orlikeness of each and every such identifiable individual person to enableinclusion and use of your Contributions in any manner contemplated bythe Site and these Terms of Service.
4. your Contributions are not false, inaccurate, or misleading.
5.your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, massmailings, or other forms of solicitation.
6. your Contributionsare not obscene, lewd, lascivious, filthy, violent, harassing, libelous,slanderous, or otherwise objectionable (as determined by us).
7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.your Contributions do not advocate the violent overthrow of anygovernment or incite, encourage, or threaten physical harm againstanother.
9. your Contributions do not violate any applicable law, regulation, or rule.
10. your Contributions do not violate the privacy or publicity rights of any third party.
11.your Contributions do not contain any material that solicits personalinformation from anyone under the age of 18 or exploits people under theage of 18 in a sexual or violent manner.
12. your Contributionsdo not violate any federal or state law concerning child pornography, orotherwise intended to protect the health or well-being of minors;
13.your Contributions do not include any offensive comments that areconnected to race, national origin, gender, sexual preference, orphysical handicap.
14. your Contributions do not otherwiseviolate, or link to material that violates, any provision of these Termsof Service, or any applicable law or regulation.
Any use of theSite in violation of the foregoing violates these Terms of Service andmay result in, among other things, termination or suspension of yourrights to use the Site.
CONTRIBUTION LICENSE
By postingyour Contributions to any part of the Site [or making Contributionsaccessible to the Site by linking your account from the Site to any ofyour social networking accounts], you automatically grant, and yourepresent and warrant that you have the right to grant, to us anunrestricted, unlimited, irrevocable, perpetual, non-exclusive,transferable, royalty-free, fully-paid, worldwide right, and license tohost, use, copy, reproduce, disclose, sell, resell, publish, broadcast,retitle, archive, store, cache, publicly perform, publicly display,reformat, translate, transmit, excerpt (in whole or in part), anddistribute such Contributions (including, without limitation, your imageand voice) for any purpose, commercial, advertising, or otherwise, andto prepare derivative works of, or incorporate into other works, suchContributions, and grant and authorize sublicenses of the foregoing. Theuse and distribution may occur in any media formats and through anymedia channels.
This license will apply to any form, media, ortechnology now known or hereafter developed, and includes our use ofyour name, company name, and franchise name, as applicable, and any ofthe trademarks, service marks, trade names, logos, and personal andcommercial images you provide. You waive all moral rights in yourContributions, and you warrant that moral rights have not otherwise beenasserted in your Contributions.
We do not assert any ownershipover your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietaryrights associated with your Contributions. We are not liable for anystatements or representations in your Contributions provided by you inany area on the Site.
You are solely responsible for yourContributions to the Site and you expressly agree to exonerate us fromany and all responsibility and to refrain from any legal action againstus regarding your Contributions.
We have the right, in our soleand absolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to re-categorize any Contributions to place them inmore appropriate locations on the Site; and (3) to pre-screen or deleteany Contributions at any time and for any reason, without notice. Wehave no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
Wemay provide you areas on the Site to leave reviews or ratings. Whenposting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3)your reviews should not contain discriminatory references based onreligion, race, gender, national origin, age, marital status, sexualorientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
Wemay accept, reject, or remove reviews in our sole discretion. We haveabsolutely no obligation to screen reviews or to delete reviews, even ifanyone considers reviews objectionable or inaccurate. Reviews are notendorsed by us, and do not necessarily represent our opinions or theviews of any of our affiliates or partners.
We do not assumeliability for any review or for any claims, liabilities, or lossesresulting from any review. By posting a review, you hereby grant to us aperpetual, non-exclusive, worldwide, royalty-free, fully-paid,assignable, and sublicensable right and license to reproduce, modify,translate, transmit by any means, display, perform, and/or distributeall content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
Ifyou access the Site via a mobile application, then we grant you arevocable, non-exclusive, non-transferable, limited right to install anduse the mobile application on wireless electronic devices owned orcontrolled by you, and to access and use the mobile application on suchdevices strictly in accordance with the Terms of Service of this mobileapplication license contained in these Terms of Service.
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4)remove, alter, or obscure any proprietary notice (including any noticeof copyright or trademark) posted by us or the licensors of theapplication;
(5) use the application for any revenue generatingendeavor, commercial enterprise, or other purpose for which it is notdesigned or intended;
(6) make the application available over anetwork or other environment permitting access or use by multipledevices or users at the same time;
(7) use the application forcreating a product, service, or software that is, directly orindirectly, competitive with or in any way a substitute for theapplication;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
(9)use any proprietary information or any of our interfaces or our otherintellectual property in the design, development, manufacture,licensing, or distribution of any applications, accessories, or devicesfor use with the application.
Apple and Android Devices
Thefollowing terms apply when you use a mobile application obtained fromeither the Apple Store or Google Play (each an “App Distributor”) toaccess the Site:
(1) the license granted to you for our mobileapplication is limited to a non-transferable license to use theapplication on a device that utilizes the Apple iOS or Android operatingsystems, as applicable, and in accordance with the usage rules setforth in the applicable App Distributor’s Terms of Service;
(2)we are responsible for providing any maintenance and support serviceswith respect to the mobile application as specified in the Terms ofService of this mobile application license contained in these Terms ofService or as otherwise required under applicable law, and youacknowledge that each App Distributor has no obligation whatsoever tofurnish any maintenance and support services with respect to the mobileapplication;
(3) in the event of any failure of the mobileapplication to conform to any applicable warranty, you may notify theapplicable App Distributor, and the App Distributor, in accordance withits terms and policies, may refund the purchase price, if any, paid forthe mobile application, and to the maximum extent permitted byapplicable law, the App Distributor will have no other warrantyobligation whatsoever with respect to the mobile application;
(4)you represent and warrant that (i) you are not located in a countrythat is subject to a U.S. government embargo, or that has beendesignated by the U.S. government as a “terrorist supporting” countryand (ii) you are not listed on any U.S. government list of prohibited orrestricted parties;
(5) you must comply with applicablethird-party terms of agreement when using the mobile application, e.g.,if you have a VoIP application, then you must not be in violation oftheir wireless data service agreement when using the mobile application;
6) you acknowledge and agree that the App Distributors arethird-party beneficiaries of the Terms of Service in this mobileapplication license contained in these Terms of Service, and that eachApp Distributor will have the right (and will be deemed to have acceptedthe right) to enforce the Terms of Service in this mobile applicationlicense contained in these Terms of Service against you as a third-partybeneficiary thereof.
SOCIAL MEDIA
As part of thefunctionality of the Site, you may link your account with onlineaccounts you have with third-party service providers (each such account,a “Third-Party Account”) by either: (1) providing your Third-PartyAccount login information through the Site; or (2) allowing us to accessyour Third-Party Account, as is permitted under the applicable Terms ofService that govern your use of each Third-Party Account.
Yourepresent and warrant that you are entitled to disclose your Third-PartyAccount login information to us and/or grant us access to yourThird-Party Account, without breach by you of any of the Terms ofService that govern your use of the applicable Third-Party Account, andwithout obligating us to pay any fees or making us subject to any usagelimitations imposed by the third-party service provider of theThird-Party Account.
By granting us access to any Third-PartyAccounts, you understand that (1) we may access, make available, andstore (if applicable) any content that you have provided to and storedin your Third-Party Account (the “Social Network Content”) so that it isavailable on and through the Site via your account, including withoutlimitation any friend lists and (2) we may submit to and receive fromyour Third-Party Account additional information to the extent you arenotified when you link your account with the Third-Party Account.
Dependingon the Third-Party Accounts you choose and subject to the privacysettings that you have set in such Third-Party Accounts, personallyidentifiable information that you post to your Third-Party Accounts maybe available on and through your account on the Site.
Pleasenote that if a Third-Party Account or associated service becomesunavailable or our access to such Third-Party Account is terminated bythe third-party service provider, then Social Network Content may nolonger be available on and through the Site. You will have the abilityto disable the connection between your account on the Site and yourThird-Party Accounts at any time.
PLEASE NOTE THAT YOURRELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOURTHIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCHTHIRD-PARTY SERVICE PROVIDERS.
We make no effort to review anySocial Network Content for any purpose, including but not limited to,for accuracy, legality, or non-infringement, and we are not responsiblefor any Social Network Content.
You acknowledge and agree thatwe may access your email address book associated with a Third-PartyAccount and your contacts list stored on your mobile device or tabletcomputer solely for purposes of identifying and informing you of thosecontacts who have also registered to use the Site.
You candeactivate the connection between the Site and your Third-Party Accountby contacting us using the contact information below or through youraccount settings (if applicable). We will attempt to delete anyinformation stored on our servers that was obtained through suchThird-Party Account, except the username and profile picture that becomeassociated with your account.
SUBMISSIONS
You acknowledgeand agree that any questions, comments, suggestions, ideas, feedback,or other information regarding the Site ("Submissions") provided by youto us are non-confidential and shall become our sole property. We shallown exclusive rights, including all intellectual property rights, andshall be entitled to the unrestricted use and dissemination of theseSubmissions for any lawful purpose, commercial or otherwise, withoutacknowledgment or compensation to you.
You hereby waive allmoral rights to any such Submissions, and you hereby warrant that anysuch Submissions are original with you or that you have the right tosubmit such Submissions. You agree there shall be no recourse against usfor any alleged or actual infringement or misappropriation of anyproprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
TheSite may contain (or you may be sent via the Site) links to otherwebsites ("Third-Party Websites") as well as articles, photographs,text, graphics, pictures, designs, music, sound, video, information,applications, software, and other content or items belonging to ororiginating from third parties ("Third-Party Content").
SuchThird-Party Websites and Third-Party Content are not investigated,monitored, or checked for accuracy, appropriateness, or completeness byus, and we are not responsible for any Third-Party Websites accessedthrough the Site or any Third-Party Content posted on, availablethrough, or installed from the Site, including the content, accuracy,offensiveness, opinions, reliability, privacy practices, or otherpolicies of or contained in the Third-Party Websites or the Third-PartyContent.
Inclusion of, linking to, or permitting the use orinstallation of any Third-Party Websites or any Third-Party Content doesnot imply approval or endorsement thereof by us. If you decide to leavethe Site and access the Third-Party Websites or to use or install anyThird-Party Content, you do so at your own risk, and you should be awarethese Terms of Service no longer govern.
You should review theapplicable terms and policies, including privacy and data gatheringpractices, of any website to which you navigate from the Site orrelating to any applications you use or install from the Site. Anypurchases you make through Third-Party Websites will be through otherwebsites and from other companies, and we take no responsibilitywhatsoever in relation to such purchases which are exclusively betweenyou and the applicable third party.
You agree and acknowledgethat we do not endorse the products or services offered on Third-PartyWebsites and you shall hold us harmless from any harm caused by yourpurchase of such products or services. Additionally, you shall hold usharmless from any losses sustained by you or harm caused to you relatingto or resulting in any way from any Third-Party Content or any contactwith Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Service;
(2)take appropriate legal action against anyone who, in our solediscretion, violates the law or these Terms of Service, includingwithout limitation, reporting such user to law enforcement authorities;
(3)in our sole discretion and without limitation, refuse, restrict accessto, limit the availability of, or disable (to the extent technologicallyfeasible) any of your Contributions or any portion thereof;
(4)in our sole discretion and without limitation, notice, or liability, toremove from the Site or otherwise disable all files and content thatare excessive in size or are in any way burdensome to our systems;
(5)otherwise manage the Site in a manner designed to protect our rightsand property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
Wecare about data privacy and security. Please review our Privacy. Byusing the Site, you agree to be bound by our Privacy Policy, which isincorporated into these Terms of Service. Please be advised the Site ishosted in the United States.
If you access the Site from theEuropean Union, Asia, or any other region of the world with laws orother requirements governing personal data collection, use, ordisclosure that differ from applicable laws in the United States, thenthrough your continued use of the Site, you are transferring your datato the United States, and you expressly consent to have your datatransferred to and processed in the United States.
[Further, wedo not knowingly accept, request, or solicit information from childrenor knowingly market to children. Therefore, in accordance with the U.S.Children’s Online Privacy Protection Act, if we receive actual knowledgethat anyone under the age of 13 has provided personal information to uswithout the requisite and verifiable parental consent, we will deletethat information from the Site as quickly as is reasonably practical.]
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
Werespect the intellectual property rights of others. If you believe thatany material available on or through the Site infringes upon anycopyright you own or control, please immediately notify our DesignatedCopyright Agent using the contact information provided below (a“Notification”).
A copy of your Notification will be sent to theperson who posted or stored the material addressed in the Notification.Please be advised that pursuant to federal law you may be held liablefor damages if you make material misrepresentations in a Notification.Thus, if you are not sure that material located on or linked to by theSite infringes your copyright, you should consider first contacting anattorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1)A physical or electronic signature of a person authorized to act onbehalf of the owner of an exclusive right that is allegedly infringed;
(2)identification of the copyrighted work claimed to have been infringed,or, if multiple copyrighted works on the Site are covered by theNotification, a representative list of such works on the Site;
(3)identification of the material that is claimed to be infringing or tobe the subject of infringing activity and that is to be removed oraccess to which is to be disabled, and information reasonably sufficientto permit us to locate the material;
(4) information reasonablysufficient to permit us to contact the complaining party, such as anaddress, telephone number, and, if available, an email address at whichthe complaining party may be contacted;
(5) a statement that thecomplaining party has a good faith belief that use of the material inthe manner complained of is not authorized by the copyright owner, itsagent, or the law;
(6) a statement that the information in thenotification is accurate, and under penalty of perjury, that thecomplaining party is authorized to act on behalf of the owner of anexclusive right that is allegedly infringed upon.
Counter Notification
Ifyou believe your own copyrighted material has been removed from theSite as a result of a mistake or misidentification, you may submit awritten counter notification to [us/our Designated Copyright Agent]using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1)identification of the material that has been removed or disabled andthe location at which the material appeared before it was removed ordisabled;
(2) a statement that you consent to the jurisdictionof the Federal District Court in which your address is located, or ifyour address is outside the United States, for any judicial district inwhich we are located;
(3) a statement that you will accept service of process from the party that filed the Notification or the party's agent;
(4) your name, address, and telephone number;
(5)a statement under penalty of perjury that you have a good faith beliefthat the material in question was removed or disabled as a result of amistake or misidentification of the material to be removed or disabled;
(6) your physical or electronic signature.
Ifyou send us a valid, written Counter Notification meeting therequirements described above, we will restore your removed or disabledmaterial, unless we first receive notice from the party filing theNotification informing us that such party has filed a court action torestrain you from engaging in infringing activity related to thematerial in question.
Please note that if you materiallymisrepresent that the disabled or removed content was removed by mistakeor misidentification, you may be liable for damages, including costsand attorney's fees. Filing a false Counter Notification constitutesperjury.
COPYRIGHT INFRINGEMENTS
We respect theintellectual property rights of others. If you believe that any materialavailable on or through the Site infringes upon any copyright you ownor control, please immediately notify us using the contact informationprovided below (a “Notification”). A copy of your Notification will besent to the person who posted or stored the material addressed in theNotification.
Please be advised that pursuant to federal law youmay be held liable for damages if you make material misrepresentationsin a Notification. Thus, if you are not sure that material located on orlinked to by the Site infringes your copyright, you should considerfirst contacting an attorney.]
TERM AND TERMINATION
TheseTerms of Service shall remain in full force and effect while you use theSite. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE,WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE ORLIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKINGCERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLELAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THESITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOUPOSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
Ifwe terminate or suspend your account for any reason, you are prohibitedfrom registering and creating a new account under your name, a fake orborrowed name, or the name of any third party, even if you may be actingon behalf of the third party.
In addition to terminating orsuspending your account, we reserve the right to take appropriate legalaction, including without limitation pursuing civil, criminal, andinjunctive redress.
MODIFICATIONS AND INTERRUPTIONS
Wereserve the right to change, modify, or remove the contents of the Siteat any time or for any reason at our sole discretion without notice.However, we have no obligation to update any information on our Site. Wealso reserve the right to modify or discontinue all or part of the Sitewithout notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
Wecannot guarantee the Site will be available at all times. We mayexperience hardware, software, or other problems or need to performmaintenance related to the Site, resulting in interruptions, delays, orerrors.
We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Site at any time or for any reasonwithout notice to you. You agree that we have no liability whatsoeverfor any loss, damage, or inconvenience caused by your inability toaccess or use the Site during any downtime or discontinuance of theSite.
Nothing in these Terms of Service will be construed toobligate us to maintain and support the Site or to supply anycorrections, updates, or releases in connection therewith.
GOVERNING LAW
TheseTerms of Service and your use of the Site are governed by and construedin accordance with the laws of the State of [name of state] applicableto agreements made and to be entirely performed within theState/Commonwealth of [name of state], without regard to its conflict oflaw principles.
DISPUTE RESOLUTION
Option 1: Any legalaction of whatever nature brought by either you or us (collectively, the“Parties” and individually, a “Party”) shall be commenced or prosecutedin the state and federal courts located in [name of county] County,[name of state], and the Parties hereby consent to, and waive alldefenses of lack of personal jurisdiction and forum non conveniens withrespect to venue and jurisdiction in such state and federal courts.
Applicationof the United Nations Convention on Contracts for the InternationalSale of Goods and the Uniform Computer Information Transaction Act(UCITA) are excluded from these Terms of Service. In no event shall anyclaim, action, or proceeding brought by either Party related in any wayto the Site be commenced more than ______ years after the cause ofaction arose.
Option 2: Informal Negotiations
To expediteresolution and control the cost of any dispute, controversy, or claimrelated to these Terms of Service (each a "Dispute" and collectively,the “Disputes”) brought by either you or us (individually, a “Party” andcollectively, the “Parties”), the Parties agree to first attempt tonegotiate any Dispute (except those Disputes expressly provided below)informally for at least ______ days before initiating arbitration. Suchinformal negotiations commence upon written notice from one Party to theother Party.
Binding Arbitration
If the Parties are unable toresolve a Dispute through informal negotiations, the Dispute (exceptthose Disputes expressly excluded below) will be finally and exclusivelyresolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THISPROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURYTRIAL.
The arbitration shall be commenced and conducted underthe Commercial Arbitration Rules of the American Arbitration Association("AAA") and, where appropriate, the AAA’s Supplementary Procedures forConsumer Related Disputes ("AAA Consumer Rules"), both of which areavailable at the AAA website www.adr.org.
Your arbitration feesand your share of arbitrator compensation shall be governed by the AAAConsumer Rules and, where appropriate, limited by the AAA ConsumerRules. [If such costs are determined to by the arbitrator to beexcessive, we will pay all arbitration fees and expenses.]
Thearbitration may be conducted in person, through the submission ofdocuments, by phone, or online. The arbitrator will make a decision inwriting, but need not provide a statement of reasons unless requested byeither Party.
The arbitrator must follow applicable law, andany award may be challenged if the arbitrator fails to do so. Exceptwhere otherwise required by the applicable AAA rules or applicable law,the arbitration will take place in [name of county] County, [name ofstate].
Except as otherwise provided herein, the Parties maylitigate in court to compel arbitration, stay proceedings pendingarbitration, or to confirm, modify, vacate, or enter judgment on theaward entered by the arbitrator.
If for any reason, a Disputeproceeds in court rather than arbitration, the Dispute shall becommenced or prosecuted in the state and federal courts located in [nameof county] County, [name of state], and the Parties hereby consent to,and waive all defenses of lack of personal jurisdiction, and forum nonconveniens with respect to venue and jurisdiction in such state andfederal courts.
Application of the United Nations Convention onContracts for the International Sale of Goods and the Uniform ComputerInformation Transaction Act (UCITA) are excluded from these Terms ofService.
In no event shall any Dispute brought by either Partyrelated in any way to the Site be commenced more than 2 years after thecause of action arose. If this provision is found to be illegal orunenforceable, then neither Party will elect to arbitrate any Disputefalling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competentjurisdiction within the courts listed for jurisdiction above, and theParties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
Theremay be information on the Site that contains typographical errors,inaccuracies, or omissions that may relate to the Site, includingdescriptions, pricing, availability, and various other information. Wereserve the right to correct any errors, inaccuracies, or omissions andto change or update the information on the Site at any time, withoutprior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-ISAND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OURSERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BYLAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITHTHE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANYWEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY ORRESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENTAND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTEDTO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OROMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANYKIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICEADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OROTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANYTHIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THEPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANYENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTIONWHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENTWILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANYTHIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSTREVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THESITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
[NOTWITHSTANDINGANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANYCAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALLTIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TOUS DURING THE [_________] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTIONARISING [OR] [$_________]. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONSON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVEADDITIONAL RIGHTS.]
INDEMNIFICATION
You agree to defend,indemnify, and hold us harmless, including our subsidiaries, affiliates,and all of our respective officers, agents, partners, and employees,from and against any loss, damage, liability, claim, or demand,including reasonable attorneys’ fees and expenses, made by any thirdparty due to or arising out of: (1) [your Contributions]; (2) use of theSite; (3) breach of these Terms of Service; (4) any breach of yourrepresentations and warranties set forth in these Terms of Service; (5)your violation of the rights of a third party, including but not limitedto intellectual property rights; or (6) any overt harmful act towardany other user of the Site with whom you connected via the Site.
Notwithstandingthe foregoing, we reserve the right, at your expense, to assume theexclusive defense and control of any matter for which you are requiredto indemnify us, and you agree to cooperate, at your expense, with ourdefense of such claims. We will use reasonable efforts to notify you ofany such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.
USER DATA
Wewill maintain certain data that you transmit to the Site for the purposeof managing the Site, as well as data relating to your use of the Site.Although we perform regular routine backups of data, you are solelyresponsible for all data that you transmit or that relates to anyactivity you have undertaken using the Site.
You agree that weshall have no liability to you for any loss or corruption of any suchdata, and you hereby waive any right of action against us arising fromany such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visitingthe Site, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electroniccommunications, and you agree that all agreements, notices, disclosures,and other communications we provide to you electronically, via emailand on the Site, satisfy any legal requirement that such communicationbe in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SITE.
You hereby waive any rights orrequirements under any statutes, regulations, rules, ordinances, orother laws in any jurisdiction which require an original signature ordelivery or retention of non-electronic records, or to payments or thegranting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
Ifany complaint with us is not satisfactorily resolved, you can contactthe Complaint Assistance Unit of the Division of Consumer Services ofthe California Department of Consumer Affairs in writing at 1625 NorthMarket Blvd., Suite N 112, Sacramento, California 95834 or by telephoneat (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
TheseTerms of Service and any policies or operating rules posted by us onthe Site constitute the entire agreement and understanding between youand us. Our failure to exercise or enforce any right or provision ofthese Terms of Service shall not operate as a waiver of such right orprovision.
These Terms of Service operate to the fullest extentpermissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liablefor any loss, damage, delay, or failure to act caused by any causebeyond our reasonable control.
If any provision or part of aprovision of these Terms of Service is determined to be unlawful, void,or unenforceable, that provision or part of the provision is deemedseverable from these Terms of Service and does not affect the validityand enforceability of any remaining provisions.
There is nojoint venture, partnership, employment or agency relationship createdbetween you and us as a result of these Terms of Service or use of theSite. You agree that these Terms of Service will not be construedagainst us by virtue of having drafted them.
You hereby waiveany and all defenses you may have based on the electronic form of theseTerms of Service and the lack of signing by the parties hereto toexecute these Terms of Service.