If
for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in
the
state and federal
courts
located in
Montgomery ,
Maryland
, and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in
such
state and federal
courts
. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the
Uniform
Computer Information Transaction Act (UCITA) are excluded
from
these Terms of Use.
In no event shall any Dispute
brought by either Party related in any way to
the
Site be commenced more than one (1) years
after
the cause of action arose.
If this provision is found to be illegal or
unenforceable,
then neither Party will elect to arbitrate any Dispute
falling
within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court
of
competent jurisdiction within the courts listed for
jurisdiction
above, and the Parties agree to submit to the personal
jurisdiction of that court.
The
Parties agree that any arbitration shall be
limited to the Dispute between the Parties
individually. To the full extent permitted
by
law, (a) no arbitration shall be joined with
any
other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated
on a
class-action basis or to utilize class
action
procedures; and (c) there is no right or
authority for any Dispute to be brought in a
purported representative capacity on behalf
of
the general public or any other
persons.
Exceptions
to
Arbitration
The
Parties agree that the following Disputes
are
not subject to the above provisions
concerning
binding arbitration: (a) any Disputes
seeking to
enforce or protect, or concerning the
validity
of, any of the intellectual property rights
of a
Party; (b) any Dispute related to, or
arising
from, allegations of theft, piracy, invasion
of
privacy, or unauthorized use; and (c) any
claim
for injunctive relief. If this provision is
found to be illegal or unenforceable, then
neither Party will elect to arbitrate any
Dispute falling within that portion of this
provision found to be illegal or
unenforceable
and such Dispute shall be decided by a court
of
competent jurisdiction within the courts
listed
for jurisdiction above, and the Parties
agree to
submit to the personal jurisdiction of that
court.
There may be
information on the Site that contains typographical errors,
inaccuracies, or
omissions, including descriptions, pricing, availability,
and
various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change
or
update the
information on the Site at any time, without prior
notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT
YOUR
SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS
FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY
OR
RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER,
RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED
ACCESS
TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL 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 TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY,
AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS
OR DAMAGE OF
ANY KIND 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 SERVICE
ADVERTISED
OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR
ANY
WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE
WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH
THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY
ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
18.
LIMITATIONS
OF
LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES,
OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,
EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO
THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE
one (1)
mONTH
PERIOD PRIOR TO ANY
CAUSE OF ACTION
ARISING
. CERTAIN US STATE LAWS AND
INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY
HAVE ADDITIONAL RIGHTS.
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 third
party
due to or
arising out of:
(1) your Contributions;
(2) use of
the
Site; (3) breach
of
these Terms of Use; (4) any breach of
your
representations and warranties set forth in these Terms of
Use;
(5) your
violation of
the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt
harmful
act toward any other user of the Site with whom you
connected
via the Site. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to
indemnify
us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to
notify
you of any such claim, action, or proceeding which is
subject to
this indemnification upon becoming aware of it.
We will maintain
certain data that you transmit to the Site for the purpose
of
managing the
performance of the Site, as well as data relating to your
use of
the Site. Although we perform regular routine backups
of data, you are solely responsible for all data that you
transmit or that
relates to any activity you have undertaken using the Site.
You
agree
that we shall have no liability to you for any loss or
corruption of any such
data, and you hereby waive any right of action against us
arising from any such
loss or corruption of such data.
21.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and
completing
online forms constitute electronic communications. You
consent
to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications
we
provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights
or
requirements under any statutes, regulations, rules,
ordinances,
or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic
records, or
to payments or the granting of credits by any means other
than
electronic means.
22.
CALIFORNIA
USERS
AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the
Complaint
Assistance Unit of the Division of Consumer Services of the
California
Department of Consumer Affairs in writing at 1625 North
Market
Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating
rules
posted by us on the Site or in respect to the Site
constitute
the entire agreement and understanding between you and us.
Our
failure to exercise or enforce any right or provision of
these
Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our rights
and
obligations to others at any time. We shall not be
responsible
or liable for any loss, damage, delay, or failure to act
caused
by any cause beyond our reasonable control. If any provision
or
part of a provision of these Terms of Use is determined to
be
unlawful, void, or unenforceable, that provision or part of
the
provision is deemed severable from these Terms of Use and
does
not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership,
employment
or agency relationship created between you and us as a
result of
these Terms of Use or use of the Site. You agree that these
Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses
you
may have based on the electronic form of these Terms of Use
and
the lack of signing by the parties hereto to execute these
Terms
of Use.
In order to resolve a complaint regarding the Site
or
to receive further information regarding use of the
Site,
please contact us at:
CYM Media &
Entertainment
10220 River
Road
Suite 110
Potomac
, MD
20854
United
States
Phone:
(833)7255263
hello@teamey.io