Ownership and Use of Website and Content
Our Website and all of its Content, is either our property or that of our affiliates, licensors, suppliers, service providers, agencies or promotional partners and are protected by copyright, trademark, and other applicable state and federal laws of the United States, as well as international conventions and the laws of other countries. Content, when used in these Terms, includes, but is not limited to text, photographs, graphics, video and audio material, logos, software, code, design, animations, proprietary information, data, databases, trademarks and logos, trade names, the selection, sequence “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements.
You may only use our Content for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, download, license, publicly perform by any means, method or process now known or later developed, adapt, translate, modify, create derivative works, publish, distribute, disseminate, enter into a database, decompile, reverse engineer, disassemble, sell and/or broadcast Content without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
You are that while using the Website you will not:
Redistribute, republish or exploit the Website’s Content or service for any further commercial or promotional purposes;
Attempt to gain unauthorized access to other computer systems through the Website;
Engage in spidering, “screen scraping,” “database scraping,” harvesting of information, or any other automatic means of obtaining lists of users or other Content or information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website;
Obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;
Interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
Use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
Use the Website or the Website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights;
Use the Site for any commercial or other purposes that are not expressly permitted by these Terms; or
Use the Website or the website’s services in violation of any applicable law.
You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the website or the website’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the website.
Right to Terminate
In addition to any other rights and remedies we may have under our Terms, we have the right to: (a) refuse service, remove or edit Content, discontinue, suspend or terminate your use of our Website and/or services at any time, in our sole discretion, including any time we determine, in our sole judgment, that you or your use of our Website may violate our Terms; and (b) use any technological, legal, operational or other means available to enforce our Terms.
Linking to the Website
You agree that if you include a link from any other web site to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Website on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other web site at any time.
Third Party Links
We may provide links to third party web sites, web pages or other Internet or web-based locations (collectively, “Third Party Websites”) on the Website. The presence of Third Party Websites does not mean that we are associated with, endorse, own or control those Third Party Websites. When you leave our Website, you should confirm the terms and conditions, privacy and other policies that apply to you, since we neither control, nor have any responsibility for any Third Party Websites, their practices or anything associated with their operations. We have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on our Website.
Disclaimer of Warranties
OUR WEBSITE AND ALL CONTENT IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE OUR WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CONDUCT AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING OUR WEBSITE OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITE, CONTENT, OUR TERMS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED.
SOME STATE LAWS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
In no event shall we be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) your inability to use, unauthorized use of, performance or non-performance of the Website; (ii) unauthorized access to or tampering with your personal information or transmissions; (iii) the provision or failure to provide any service; (iii) errors or inaccuracies contained in the Website or any materials or content obtained through the Website; (iv) any transactions entered into through the Website; (v) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of the Website, including any site to which the Website provides hyperlinks; or (vi) damages otherwise arising out of your use of or access to the Site, or the content of any site or sites linked to from the Site. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.
You agree to indemnify, defend and hold us harmless against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms by you (each, a “Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
Choice of Law
These Terms and Conditions shall be construed and enforced under the laws of the State of California applicable to parties resident in and contracts made, executed and wholly performed within the State of California. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the County of Los Angeles and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that you will not file or participate in a class action against us. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well-being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriate the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Our Terms can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
Terms and Website Changes
We reserve the right to add to, delete or modify our Terms as well as all or part of our Website at any time and from time to time without prior notice to you. If we modify these Terms, we will post the modification on the Website. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to the changes. We encourage you to check back frequently so you remain aware of the current Terms that apply to you.
If you have any questions about our Terms, please contact us via the email address below:
Last updated: November 1, 2016
WHAT INFORMATION DO WE COLLECT?
We collect two types of information about you:
Information that identifies you: this is your “personal information,” which includes, for example, information that you provide to us such as your first and last name, and email address; and
Information that related to you, but on its own does not identify you:this includes anonymous information about the use of our Website, including your Internet connection, the computer, mobile phone, tablet or other device (“Device”) you use to access the Website, the page served, the time, the preceding page views, and your use of features the Website ("Usage Information"). We or our service providers may also collect your IP address or other unique identifier ("Device Identifier") for the Device you use to access the Website. A Device Identifier is a number that is assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Website, help diagnose problems with our servers, analyze trends, track web page movements, and gather broad demographic information for aggregate use.
HOW DO WE COLLECT YOUR INFORMATION
The methods we use to collect information about you are as follows:
Directly from you, when you provide it to us: for example, when you sign-up to receive communications from us.
Automatically, when you use the website: we may use a variety of technologies that automatically or passively collect Usage Information. The technologies used to collect Usage Information, including Device Identifiers, include but are not limited to: cookies (data files placed on a Device when it is used to visit the Site), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed).
To learn how you may be able to reduce the number of Cookies you receive from us, or delete Cookies that have already been installed in your browser's Cookie folder, please refer to your browser's help menu or other instructions related to your browser. If you do disable or opt out of receiving Cookies, we will honor your request, however please be aware that some features and services on our Website may not work properly.
You can also learn more about Cookies by visiting www.allaboutcookies.org, which includes additional, useful information on Cookies and how to block Cookies using different types of browsers.
HOW DO WE USE YOUR INFORMATION?
Any of the information we collect from you may be used to:
Personalize your experience (your information helps us to better respond to your individual needs);
Improve our website (we continually strive to improve our Website offerings based on the information and feedback we receive from you);
Improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
Administer a contest, promotion, survey or other Website features; and/or
Send periodic communications (such as to respond to inquiries, requests or to provide you with news or other updates).
Enforce our Website policies (your information will help us enforce our Website policies, including preventing fraud or potentially illegal activities and protecting the safety of users and others on our Website).
Note: If at any time you would like to unsubscribe from receiving future email communications, we include detailed unsubscribe instructions at the bottom of each email.
HOW DO WE PROTECT YOUR INFORMATION?
We implement a variety of security measures to maintain the safety of your personal information when you enter or submit your personal information on the Site. We also ask the service providers that help us deliver our online services to help protect against loss, misuse or unauthorized access, disclosure, alteration, or destruction of the personal information you provide via the Site. Unfortunately, no transmission of data is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. Therefore, any transmission of personal information to us is made at your own risk. If you believe that your interaction with us is no longer secure, please notify us using the contact details below.
WHO DO WE SHARE YOUR INFORMATION WITH?
Third Party Service Providers: We may share your personal information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate our Site, analyze data, process your requests and payments, fulfill orders or provide customer service.
Legal Disclosures: We may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce our Terms or other applicable policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third parties, visitors to our Website or the public.
Business Transfers: We may share your personal information with other entities for business and operational purposes. In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction.
OUR POLICY ON CHILDREN
We do not knowingly collect or solicit any Personal Information from children under the age of 13. If you are under 18, you are not authorized to use our Website without express permission from your parent or legal guardian. Parents and legal guardians should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.
YOUR PRIVACY RIGHTS
California Civil Code Section 1798.83, allows individuals who are California residents that have provided their personal information to us to request certain information about our disclosures of certain categories of Personal Information (if any) to third parties for their direct marketing purposes during the immediately preceding year. We do not currently share any Personal Information with third parties for their direct marketing purposes.
Last updated: October 10, 2017
TERMS & POLICIES