PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SITE IMMEDIATELY. IF YOU ARE NOT A US RESIDENT, WE ENCOURAGE YOU TO ACCESS OUR LOCALIZED SITES APPROPRIATE FOR YOUR PLACE OF RESIDENCE OR PREFERABLE LANGUAGE.
- Each time you access and/or use the Service, you agree to be bound by these Terms and any Additional Terms (defined in Section 3(d)) that will apply to you, prospectively
- These Terms contain a dispute resolution and arbitration provision, including a class action waiver that affects your rights. Please note that, depending on your country of residence, under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the country in which you reside.
- For US Residents, any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
- You may not use, copy, reproduce, republish, upload, sale, resale, display, post, transmit, distribute, scrape, reverse engineer, or license any content or intellectual property, copyrights and trademarks on the Site without the Provider’s authorization.
- To the extent permitted by law, we disclaim warranties and conditions and provide you with access to the Site “As is”.
- To the extent permitted by law, our liability is limited.
- Questions about these Terms may be sent to email@example.com or as otherwise set forth in these
1. Your Acceptance and Contractual Relationship.
You represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you shall not use the Site at any time or in any manner or submit any information to Provider or the Service.
3. Modifications to the Terms or to the Service.
(a) Terms. Provider can change, update, add or remove provisions of these Terms, at any time by posting the updated Terms on the Site and by providing a notice on the Site. If you do not agree with any of the updated Terms, you must stop using the Site.
(b) Service. Provider may make changes to the Service at any time, without notice. If you object to any changes to the Service, your only recourse will be to cease using it. Continued use of the Service following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Service as modified. Some elements of the Service may only be offered in the desktop version of the Site and may not be, for example, available in the mobile version of the Site. We also reserve the right to discontinue the Service or any component of it, at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service.
4. Use of Our Site
For as long as you agree to these Terms and abide by them, you may use the Site. These Terms apply to all Users of the Site.
(a) Visitors. Visitors may browse the Site in accordance with these Terms.
(b) Application Data. When applying for a job posted in the Site, you agree to
- provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (the “Application Data”); and
- maintain and promptly update the Application Data to keep it true, accurate, current and complete. By applying for a job with us on behalf of another person, group or entity you hereby represent that you are authorized to do so. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (A) notify Provider immediately of any unauthorized use of your password or any other breach of security at firstname.lastname@example.org; and (B) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). Provider shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Provider considers insecure, Provider will be entitled to require this to be changed and/or terminate your Account. Provider reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms (see “Shared Accounts” below). By registering another person, group, or entity you hereby represent that you are authorized to do so
(c) Inquiries. When you communicate with us, by any of the available options in the Site, you shall also follow and abide by these Terms to the maximum extent that these Terms may be applicable to any written, verbal, or other type of communications.
(d) Access through Social Networking Sites. If you access the Service through an SNS as part of the functionality of the Service, you may link your Account with Third-Party Accounts, by allowing Provider to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Provider and/or grant Provider access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Provider to pay any fees or making Provider subject to any usage limitations imposed by such third-party service providers. By granting Provider access to any Third-Party Accounts, you understand that Provider may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Provider internet properties that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Provider internet properties via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be your User Content (as defined in Section 5) for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, information that you post to your Third-Party Accounts may be available on and through your Account on the Provider internet properties. Please note that if a Third-Party Account or associated service becomes unavailable or Provider’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Provider internet properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Service. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND PROVIDER DISCLAIMS ANY LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Provider makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Provider is not responsible for any SNS Content.
5. Our Community and Our Acceptable Use Policy
This section provides the acceptable use policy ("AUP") which defines acceptable practices relating to the use of the Site, including system abuse and security. The Site must be used in a manner that is consistent with the intended purpose of the Site and the terms of the applicable agreement with Provider, including our Terms. By using the Site, you consent to be bound by the terms of this AUP. If you do not agree with anything in this section, you must discontinue use of the Site. For purposes of this section, “Provider” includes all of Provider’s affiliates, including direct and indirect subsidiaries.
(a) Summary of Generally Prohibited Conduct. You will not use the Site to transmit or distribute material in a manner that: (i) violates any applicable law or regulation; (ii) may adversely affect the Site; (iii) may expose Provider to criminal or civil liability, or (iv) violate, infringe upon or otherwise misappropriate any third-party rights, including intellectual property rights, rights of publicity and privacy rights. You are prohibited from facilitating the violation of any part of this section or applicable third-party policies, including, but not limited to transmitting, distributing, or otherwise making available any product or information that violates this section or another provider's policy or confidentiality agreement.
(b) Responsible Use of the Site. Please act responsibly when using the Site. You may only use the Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Site. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials privately transmitted on or through the Site are the sole responsibility of the sender, not Provider, and that you are responsible for all information you upload or otherwise transmit to or through the Site.
(c) Content Limitations. We require that you do not use the Site, send information to us, or act in a way, which in our opinion:
- Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
- Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- Violates any law or may be considered to violate any law;
- You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
- Advocates or promotes illegal activity;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- Solicits funds, advertisers or sponsors;
- Includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
- Copies any other pages or images on the Site except with appropriate authority;
- Includes illegally sourced MP3 format files;
- Amounts to a “pyramid” or similar scheme;
- Disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or
- Contains links to other sites that contain the kind of content that falls within the descriptions described above.
- In addition, you are prohibited from removing any sponsorship banners or other material inserted by Provider anywhere on the Site.
PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS ACTIVITY.
(d) System Abuse. Without limitation, you agree not to:
- Send, create or reply to so called "mailbombs" (i.e., sending large or multiple files or messages to us with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person;
- Copy, display, distribute, duplicate, aggregate, redistribute, alter or modify, any of the content available within the Site, or to any other individual or entity, other than as may be reasonably necessary to use the Site for its intended purpose;
- Use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce content within the Site and/or the Site itself;
- Use or copy the Site including any data you view on and/or obtain from the Site to provide any product or service that is a Provider’s competitor in Provider's sole discretion;
- Interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;
- Use the Site in any manner that could damage, disable, overburden, or impair any Provider’s server, or networks connected to any Provider’s server.
- Gain unauthorized access to the Site, computer systems or networks connected to any Provider’s server or to the Site, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
- Reverse engineer, decompile or disassemble any software accessed through the Site, including any proprietary communications protocol used by Provider;
- Use information obtained from the Site to transmit any commercial, advertising or promotional materials without Provider’s written permission and except as expressly authorized by Provider, advertise or offer to sell or buy any goods or services for any purpose;
- Provide any contact information which is not current and accurate, impersonate or create a false identity or falsify any information;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any information or any portion thereof;
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; or
- Reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
(e) Violation of Security Systems. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Provider reserves the right to release your details to system administrators at other sites or to law enforcement in order to assist them in resolving security incidents.
(f) Responsibility for Content. Provider takes no responsibility for any material created or accessible on or through the Service and will not exercise any editorial control over such material. Provider is not obligated to monitor such material, but reserves the right to do so.
Violations of this AUP may be reported to: email@example.com
6. Our Intellectual Property, Trademarks and Copyrights.
You agree that, as between you and us, Provider (and our affiliated companies and suppliers) own all rights, title and interest in the Site and all tools, and all related intellectual property rights. The Site as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to Provider or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all data files, program files, software, code, proprietary methods, systems and other materials used to operate the Site ("Materials") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. The Materials are protected by copyrights, patents, trade secrets or other proprietary rights.
You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Materials. Nothing in this Agreement grants you any right to receive delivery of a copy of our Materials or to obtain access to our Materials except as generally and ordinarily permitted through the Site according to these Terms. Certain names, logos, distinctive features, source identifiers and other materials displayed on the Site, including its “look and feel”, constitute trademarks, tradenames, service marks, trade dress or logos ("Trademarks") of us or other entities. All Trademarks not owned by Provider that appear on this site are the property of their respective owners. You are not authorized to use any such Trademarks. Ownership of all such Trademarks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices in the Site.
7. Your Use of Materials.
Your right to make use of the Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Site for any purpose not permitted by these Terms may be a violation of our intellectual property rights (see Section 6 above) as protected by law and these Terms and is prohibited.
The Materials and all other content on the Service may not be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless specifically authorized by Provider. Any authorization to copy or download Material granted by Provider in any part of the Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited (please refer to our Acceptable Use Policy for more information).
Notice to the European Union residents:
If you are a EU resident, your statutory rights and your other rights derived from the Directive 2009/24/EC of 23 April 2009 on the legal protection of computer programs, implemented accordingly by each Member State, remain unaffected. Besides exceptions to the restricted acts all and any actions require authorization by the Provider.
8. Invited Submissions.
From time to time, areas on the Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise submissions about the experience of persons that work or have worked, directly or indirectly, for Provider (“Invited Submissions”'). Sometimes Provider may incentivize users and current or former persons that have worked for Provider to participate in Invited Submissions. Where this is the case, please carefully read any Additional Terms that govern those submissions, as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content or submissions that you submit to the Site. Provider may use such content and submissions as user testimonials.
9. Disclaimer Regarding Testimonials
The Service may contain testimonials and opinions (“Testimonials”) by users of the Site or persons that have worked directly or indirectly for Provider (“Workers”). These testimonials reflect the real-life experiences and opinions of such users and Workers. However, the experiences are personal to those particular users or Workers, and may not necessarily be representative of all users and Workers. We do not claim, and you should not assume, that all users and Workers will have the same experiences. YOUR INDIVIDUAL RESULTS AND/OR EXPERIENCE MAY VARY.
The testimonials on the Service are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They may appear on the Service as given by the users or Workers, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. Photos added next to testimonials may not always represent the person giving the testimonial. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We may not be affiliated with users who provide testimonials. Users and Workers are not paid in cash or compensated for their testimonials unless the testimonial is part of an incentivized Invited Submission.
16. Copyright and Infringement Notification Policy.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing content that violates the intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone else’s intellectual property rights, and/or terminating in appropriate circumstances the Account of any user who uses the Service in violation of someone else’s intellectual property rights.
(a) Submitting a Notification for Removing Infringing Content. We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law (including 17 U.S.C. § 512 Digital Millennium Copyright Act (“DMCA”)). If you believe your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to our agent for notice of claims of infringement at either:
Attn: BOLD LLC, DMCA Designated Agent,
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
(b) Submitting a Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, if you believe the material was removed or disabled by mistake or because of a misidentification of the material, you may provide our agent with a written counter-notification that includes the following information:
- Your 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 from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
(c) Termination of Repeat Infringers. We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications.
Provider seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
17. User Interactions and Release.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users (including merchants), you hereby release the Provider Group (defined in Section 18) from any claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. If you are a California resident, you waive California Civil Code §1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR t AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
10. Disclaimer of Warranties.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROVIDER AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE PROVIDER (“PROVIDER GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDER GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SERVICES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PROVIDER GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF SERVICE, OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT IN THE SERVICE OR ANY WEB SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PROVIDER GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEB SERVICE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING THE SERVICE FROM THE EUROPEAN UNION OR OTHER JURISDICTIONS THAT TO DO NOT RECOGNIZE DISCLAIMERS OF CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
11. Limitation of Liability.
THE PROVIDER GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PROVIDER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PROVIDER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the extent permitted by applicable law in your jurisdiction, you agree to indemnify and hold harmless Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your transmission of any content onto Provider’s servers.
Provider reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. Provider may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Provider may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Provider believes, in its sole discretion, that a violation of these Terms has occurred, it may take any corrective action it deems appropriate, as permitted by applicable law. Provider will fully cooperate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PROVIDER GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PROVIDER GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE PROVIDER GROUP OR LAW ENFORCEMENT AUTHORITIES.
14. Third-Party Sites.
The Site may link you to other sites on the Internet that may not be affiliated with Provider. These sites may contain information that some people may find inappropriate or offensive. These other sites are not under the control of Provider, and you acknowledge that (whether or not such sites are affiliated in any way with Provider), Provider is not responsible for the accuracy of the legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Provider or any association with its operators. If you elect to use such third-party sites, and/or if you elect to ‘click’ on a link or button, you understand that (a) you will be leaving our Site and (b) your use of any such third-party sites will be subject to any terms and conditions and privacy policies required by the applicable third-party provider(s). Provider does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.
15. Governing Law.
To the fullest extent permitted by the applicable jurisdiction, these Terms shall be governed by the laws of the State of New York, United States of America.
Notwithstanding the foregoing, if you are a U.S. resident, except as otherwise provided in this section or as otherwise required by law, these Terms involve transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC § 1-19 of the United States of America. Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the State of New York (excluding its conflicts of law provisions) shall apply to all disputes and these Terms. If there is a difference between the Federal Arbitration Act and New York law, the Federal Arbitration Act controls. In any circumstances where the foregoing Terms permit the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York, New York for such purpose.
These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Please read this carefully if you are a resident of the United States of America. It affects your rights. Depending on your place of residence, these Terms may not apply to you.
(a) US Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Provider’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Provider arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the internet industry and shall follow New York substantive law in adjudicating the dispute, except that this Section 16 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 16 satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Provider. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator decides the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Provider shall pay the costs and fees of JAMS and the arbitrator. Provider agrees that it will not seek reimbursement from You for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
(b) Non-Us Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or these Terms, then you and we agree to send a written notice to the other providing a reasonable description of this Section 16(b) dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If no such information exists or if such information is not current, then, we have no obligation under this section. Your notice must be sent to us at firstname.lastname@example.org. For a period of sixty (60) days from the date of receipt of notice from the other party, Provider and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Provider to resolve the Section 16(b) dispute on terms either you or Provider, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
(b) EU Residents: You may have a right to of out-of-court settlement of certain disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at: http://ec.europa.eu/consumers/odr We are neither obliged nor willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. Your statutory rights regarding choice of law and venue, to the extent applicable, remain unaffected.
17. Local Regulations.
Provider makes no representation that Materials or other content on the Site are appropriate or available for use outside of the United States of America (“United States”), and if accessing the Site from outside the United States, then Provider makes no representation that Materials or other content on the Site are appropriate or available for use from your current location. If you choose to access the Site from other locations outside the United States, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable.
18. Electronic Communications.
The communications between you and Provider may be made through electronic means, whether you visit the Site or send Provider emails or Provider communicates with you via email. For contractual purposes, you (1) consent to receive communications from Provider in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Provider provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
19. California Residents Notice
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: This Site is operated by BOLD LLC. If you have a question or complaint regarding the Site, please contact Customer Service at email@example.com. You may also contact us by writing us at BOLD LLC, City View Plaza II, 48 Road 165 Suite 6000, Guaynabo, PR 00968, USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Email: firstname.lastname@example.org
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Provider relating to the matters contained here and the Site.
21. Contact Us.
This site is controlled and operated by Provider. Please forward any comments or complaints about the site to email@example.com, or write to BOLD LLC, City View Plaza II, or write to BOLD LLC, City View Plaza II, Suite 6000, Guaynabo, PR 00968, or to Auxiliant S.à.r.l, 1A, rue Thomas Edison, L-1445 Strassen, Luxembourg.