YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE COMPANY SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECUREF AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE COMPANY SERVICES.
Restriction on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “Gatherings”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE COMPANY SERVICES EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES (COLLECTIVELY, THE “Discharged MATTERS”). Despite ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S 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 COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF COMPANY’S ACTS OR OMISSIONS OR YOUR USE OF THE COMPANY SITES OR THE COMPANY SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE COMPANY SITES OR THE COMPANY SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BY ACCESSING THE COMPANY SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Regarding this waiver and discharge, you recognize that you know that you may henceforth find guarantees by and by obscure or unsuspected, or realities notwithstanding or not quite the same as those which you currently know or accept to be valid. By the by, you mean by this Agreement to discharge completely, at last and everlastingly all Released Matters under this Agreement. In promotion of such goal, the discharges set out in this Agreement will be and will stay as a result as full and complete discharges despite the disclosure or presence of any such extra or various cases or actualities important thereto.
Organization makes no portrayal or guarantee at all with respect to the fulfillment, precision, money or sufficiency of any data, actualities, sees, assessments, articulations or proposals contained on the Company Services and additionally the Content. Reference to any item, procedure, distribution or administration of any outsider in terms of professional career name, area name, trademark, administration mark, logo, producer or generally does not comprise or infer its support or proposal by Company or the Company Affiliates. Perspectives and feelings of clients of the Company Services don’t really state or mirror those of Company.
Organization gives the Company Services in the United States of America. Organization does not speak to that the Company Content or the Company Services are proper (or, now and again, accessible) for use in different areas. In the event that you utilize the Company Sites or the Company Services from a ward other than the United States, you concur that you do as such of your own drive, and you are in charge of agreeing to nearby laws as material to your utilization of the Company Sites or the Company Services.
Not the majority of the Site Products are accessible worldwide or across the nation, and Company makes no portrayal that you will almost certainly get any Site Product in a specific ward, either inside or outside of the United States.
U.S. Fare Controls
Programming accessible regarding the Company Services is further subject to United States fare controls. No such programming might be downloaded from the Company Services or generally sent out or re-traded infringing upon U.S. send out laws. Downloading or utilizing such programming is at your sole hazard.
(2) This Agreement proves an exchange in interstate trade, and along these lines the Federal Arbitration Act, 9 U.S.C. §§ 1-16, oversees the elucidation and implementation of this Arbitration Agreement. This Arbitration Agreement will endure end of this Agreement.
(3) Any discretion among you and Company will be led by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), according to the JAMS Streamlined Arbitration Rules and Procedures viable July 1, 2014 (the “JAMS Rules”), as changed by this consent to referee. The assertion will be led by a solitary, impartial authority, and on the off chance that you and Company can’t concede to who that solitary judge will be, the mediator will be delegated according to the JAMS Rules, with the cooperation and inclusion of Company and you compliant with JAMS Rule 12. The JAMS Rules are accessible on its site at https://www.jamsadr.com/rules-streamlined-mediation/. The Consumer Arbitration Minimum Standards are accessible at https://www.jamsadr.com/rules-streamlined-intervention/. The mediator is bound by the particulars of this Agreement.
(4) If it is possible that you or Company needs to parley a case, you or Company should initially send via mail to the next a composed Notice of Dispute (“Notice”) that presents the name, address, and contact data of the gathering pulling out, the particular actualities offering ascend to the Dispute, the Company Service to which the Notice relates, and the alleviation mentioned. Your Notice to the Company must be sent via mail to Arbitration Notice of Dispute, 2121 Avenue of the Stars, seventh Floor, Los Angeles, California, 90067. The Company will send any Notice to you at the contact data we have for you or that you give. It is the sender’s obligation to guarantee that the beneficiary gets the Notice. During the initial 45 days after you or we send a Notice to the next, you and we may attempt to achieve a settlement of the Dispute.
In the event that you and we don’t resolve the Dispute inside 45 days, it is possible that you or we may start mediation as per the JAMS Rules. Further guidelines on presenting a Demand for Arbitration might be found at www.jamsadr.com/records/Uploads/Documents/JAMS_Arbitration_Demand.pdf. Notwithstanding documenting this Demand for Arbitration with JAMS as per its standards and methods, you should send a duplicate of this finished Demand for Arbitration to the Co