Happy Investor Terms, Privacy, Refunds, Legal, Etc.
Terms of Service
THIS AGREEMENT GOVERNS YOUR USE OF HAPPYINVESTOR.COM ("WEBSITE") GENERALLY AND YOUR USE OF OUR REAL ESTATE SEARCH TOOL, REPORTS/LISTINGS TOOL, OUR ONE-CLICK OFFER TOOL, AND OUR PROPERTY "DEAL" ALERTS TOOL (COLLECTIVELY "SERVICES"), AND IS MADE BETWEEN YOU AND DISCOUNT FORECLOSURE NETWORK, LP D.B.A. HAPPYINVESTOR.COM, AND/OR OUR SUCCESSORS AND/OR ASSIGNS ("WE" OR "US").
IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE OR THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU UNDERSTAND THESE TERMS AND CONDITIONS AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US.
OUR DATA COLLECTION & USE POLICY APPEARING ON THIS WEBSITE IS HEREBY INCORPORATED INTO THIS AGREEMENT BY REFERENCE.
Prohibited Access for Persons Under the Age of 18.
IF YOU ARE UNDER THE AGE OF 18, YOU ARE RESTRICTED FROM USING ANY PORTION OF THIS WEBSITE AND YOU MUST EXIT THIS WEBSITE IMMEDIATELY.
Limited Public Access Rights
You are permitted to view and access all visible content made available to the pubic without registration as contained on this Website including any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files or any other separate website element made available to You.
General Website/Services Use Restrictions
As a condition of your access and use of the Website and the Services, You agree that i) You will only use this Website and the Services (including any separate materials or components) for personal or business purposes internally, and not for any commercial purposes; ii) You will not engage in any unauthorized use of any Website materials in a manner that violates copyright laws, trademark laws or the laws of privacy and publicity of another; and iii) You agree to comply with all applicable laws and regulations of the United States and any other applicable International treaty, law or regulation governing your use of this Website. Use of this Website for any of the foregoing reasons is strictly prohibited. Additional use restrictions are contained elsewhere in this Agreement.
Compliance with Applicable Laws
We make no representation that the materials available on this Website are appropriate or available for use in your jurisdiction. You are solely responsible for compliance with local laws in your jurisdiction or territory, to the extent applicable. Access and use of the Services from any jurisdictions where it is illegal to do so is strictly prohibited and we shall have no liability to You whatsoever in such case.
Upon Your free, basic account registration, We hereby grant to You a limited, non-exclusive, non-transferable right to have limited access and use of all of the tools and unique data-compilation features comprising the Services in connection with locating real estate properties including all separate educational downloadable e-books, videos and podcasts (collectively "Materials") we may make available to You from time to time in connection therewith ("Basic Access") exclusively for your current real estate investment purposes, at all times that the Services are made available to You. Your access rights are limited to use of the Services for your internal, personal use only and not for use in connection with any commercial purposes that use the Services or any component thereof as part of a similar service offered to other real estate investors. You will be issued or required to create a user ID (your email) and password in order to access and use the Services. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed. Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes.
We may terminate your rights to use the Services at any time in our sole discretion for any reason without any liability to You. Once your account is terminated for any reason, your right to access the Services and any Materials shall terminate.
Full Access Rights
All Basic Access members are hereby granted full access rights to the Services on a subscription basis ("Full Access") upon payment of the fee equal to the stated price on our Website in connection with subscription access rights (collectively "Fee"). The duration of any single-use access rights shall be stated on our Website. Notwithstanding, we may terminate your Full Access rights to use any of the Services at any time in our sole discretion for any reason. Once your account is terminated for any reason, your right to access the Services shall terminate. All conditions and restrictions applicable to Your Basic Access rights as set forth above apply to any Full Access rights.
Full Access Subscription Term
The term of your Full Access subscription to use the Services shall equal to the term stated on our Website ("Term"). The Term shall begin on and include the day You purchase access rights, and ending on 11:59 p.m. EDT (GMT-5 hours) on the final day of the Term, which such access rights shall be automatically renewed upon expiration of the Term for successive periods thereafter for the same initial duration ("Renewal Term") unless cancelled by You. All restrictions with regard to your use of any materials you download or copy pursuant to any rights granted under this license shall survive the expiration of the Term.
Full Access Subscription Fee Payment Authorization
You agree to pay our monthly subscription Fee in order to have Full Access of the Services for the duration of the Term. By providing your credit card, debit card, PayPal, bank account information or any other billing information, You hereby authorize us to charge all fees and any other amounts due under this Agreement according to the terms of this Agreement. We are not responsible for pricing, typographical, or other errors in any offer or price stated on this Website or this Agreement and we reserve the right to cancel any subscriptions arising from such errors.
Full Access Automatic, Recurring Payment
Your credit card or other payment method You provide will be automatically charged in the applicable license amount stated above upon the start of your subscription and immediately after the expiration of the Term and upon the expiration of each subsequent Renewal Term, unless otherwise stated in this Agreement. YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO CANCEL THIS AGREEMENT BEFORE THE END OF THE TERM OR ANY SUBSEQUENT RENEWAL TERM WILL RESULT IN AUTOMATIC CHARGES TO YOUR CREDIT/DEBIT CARD OR OTHER PAYMENT METHOD YOU HAVE PROVIDED FOR THE TOTAL AMOUNTS DUE FOR THE SUBSEQUENT RENEWAL TERM AND UPON THE TIME(S) DUE AS STATED UNDER THE TERMS OF THIS AGREEMENT. YOU AGREE THAT FAILURE TO CANCEL YOUR Full Access SUBSCRIPTION SHALL INDICATE YOUR IRREVOCABLE CONSENT AND AUTHORIZATION TO SUCH AUTOMATIC, RECURRING BILLING BY US. YOU AGREE THAT YOU HAVE BEEN GIVEN EVERY OPPORTUNITY TO REVIEW THESE TERMS BEFORE PROVIDING YOUR BILLING INFORMATION.
We reserve the right to increase any Fee in connection with your Full Access to the Services to take effect upon the next Renewal Term after any such change. You will be notified via email regarding any price increases of the Fee upon any such change.
Refund Policy: We strive to ensure all customers are satisfied! If you registered on a page with the "Money-Back Guarantee" offer, the following applies to any refunds for your account: If, within 5 days of your INITIAL REGISTRATION DATE, if you feel the services were sub-standard or you are unhappy for any reason, at your own discretion you have the option to request a refund for any charges made within these first 5 days of your Registration.
Cancellation: To cancel your Full Access membership, simply contact customer service and request that your account be cancelled. You will receive no future billing.
Full Access Trial Period
You may access the Services on a Full Access basis on a free trial basis for a trial period of __ days ("Trial Period"). As a trial user, You will have Full Access rights to access and use the Services. You acknowledge and agree that You have read any other express terms and conditions surrounding your Full Access rights as may be stated on our Website, which such terms are hereby incorporated into this Agreement. All applicable terms and conditions contained in this Agreement shall apply to your use during the Trial Period. Following the end of the Trial Period, You will automatically purchase a membership to have Full Access to the Services on a paid basis under the terms set forth in this Agreement for the membership Term, unless you cancel this Agreement as set forth below, in which case this Agreement will terminate at 11:59 P.M. EDT (GMT -5 hours) on the last day of the Trial Period. If you choose to purchase a membership, then the Term shall begin on 12:00 A.M. EDT (GMT -5 hours) on the next day following the expiration of the Trial Period and this Agreement shall remain in full force and effect. If you decline to purchase a membership, we reserve the right to retain your personal data for the purpose of contacting you from time to time to provide information and to offer services to You as more fully set forth in our Data Collection & Use Policy. YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO CANCEL YOUR TRIAL MEMBERSHIP BEFORE THE END OF THE TRIAL PERIOD WILL RESULT IN AUTOMATIC CHARGES TO YOUR CREDIT/DEBIT CARD OR OTHER PAYMENT METHOD YOU HAVE PROVIDED FOR THE TOTAL AMOUNTS DUE AND UPON THE TIME(S) DUE AS STATED UNDER THE TERMS OF THIS AGREEMENT. YOU AGREE THAT FAILURE TO CANCEL THIS AGREEMENT SHALL INDICATE YOUR IRREVOCABLE CONSENT AND AUTHORIZATION TO SUCH AUTOMATIC BILLING BY US. YOU AGREE THAT YOU HAVE BEEN GIVEN EVERY OPPORTUNITY TO REVIEW THE TERMS BEFORE PROVIDING YOUR BILLING INFORMATION.
You may cancel your Full Access trial membership at any time before the expiration of the Trial Period for any reason by sending an email to [email protected] with the subject line "Cancellation". Include your stated desire to cancel in the body of your email. Upon receipt of your email, we will send You written confirmation that this Agreement has been terminated and, upon such termination, we will not debit your credit card or other payment method. This initial trial use of the Services might be offered by us at a later time with different features, for a fee, or not at all, as determined by us in our sole discretion.
We make available to you through this Website access to certain services that we promote which are offered by third-party providers including training seminars, educational products, funding services and lenders or other services or products related to real estate investment. We are paid monetary compensation from some of these providers by way of commissions any time you purchase/subscribe to any product or service from any of these third-parties through your access and use of the Services.
Promotional Use of Your Email Address
We intend to comply with the requirements of the CAN-SPAM Act (15 U.S.C. Sec. 7701 et. seq.) at all times. We do not engage in sending any unsolicited SPAM or junk mail of any kind including sending out any email communications in bulk or by a single mailing to anyone. However, if You have subscribed to receive any materials or services from us or from any of our third-party partners and have provided your email through this Website, You may receive promotional emails regarding upcoming product offers, sales, contests, etc. from such third parties. We do not consider such communications to be unsolicited SPAM. We directly use the e-mail address provided by You to send periodic promotional emails about any of our related products or about any new or upcoming products we may promote on behalf of our third-party partners.
Email Marketing Opt-Out
You can opt-out of receiving any promotional or marketing email we send at any time by either clicking "unsubscribe" in the body of the email communication and following the opt-out procedure contained in the email, or by sending an email to [email protected] and requesting to opt-out of receiving such communications. This does not apply to any transactional based emails sent by any of third-party advertisers where they are required to send you proof of purchases and fulfillment of any contractual obligations to deliver any purchased products or subscription services to you pursuant to our affiliate relationship with such parties.
Mobile Number Sharing
WE COLLECT ALL MOBILE NUMBERS PROVIDED TO US WHEN YOU OPT-IN TO RECEIVE CERTAIN MEMBERSHIP TOOLS WE OFFER AND WE SHARE YOUR MOBILE NUMBER WITH MYHOUSEDEALS AND OUR NETWORK OF PARTNERS AND AFFILIATES (LENDERS OR RELATED PROFESSIONAL SERVICES) AND THEIR NETWORK OF SERVICE PROVIDERS AND SUCH PARTIES MAY CALL YOU DIRECTLY OR SEND SMS/MMS MESSAGES TO YOUR MOBILE DEVICE PERIODICALLY ABOUT PRODUCTS OR SERVICES THAT THEY BELIEVE MAY INTEREST YOU. Further, we use your mobile number to send you property alerts and other notices as described on our Website. By providing your mobile telephone number, You consent to and otherwise authorize our sharing of your mobile telephone number with such third-party partners and affiliates and their agents and otherwise consent to receiving such SMS/MMS messages to any mobile phone number You provide to us. We will at all times comply with the Telephone Consumer Protection Act ("TCPA"), the Federal Trade Commission Act, all rules and regulations promulgated by the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations that place restrictions on our SMS or MMS message campaigns. However, we are not responsible for and cannot guarantee compliance with the TCPA or any other applicable law by any third-party provider we may share your mobile telephone number with. You agree that we shall have no liability to You for any such violation. We encourage all of our third-party providers that we share your mobile number with to include clear opt-out/unsubscribe information on any text messages we send to any mobile numbers provided to us and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable. Any individuals requesting "Do-Not-Call" ("DNC") status shall immediately be placed on our DNC list and further agree that we will not initiate any subsequent messages to any such individuals.
EARNINGS & PROFIT DISCLAIMER
Our Intellectual Property
All Materials are either owned or licensed by us and are protected under our proprietary rights. Commercial use of any of the Materials contained on this Website is strictly prohibited. Except as otherwise stated, none of the Materials may be saved, downloaded, copied, reproduced in any electronic, digital or mechanical format or medium or by way of photocopying or otherwise, and may not be disseminated, distributed, re-published or used for any public display or performance, in any form or manner whatsoever without our prior written consent. We reserve the right to limit the amount of Materials displayed on this Website. You are restricted from, modifying or altering any copyright or other proprietary notice, or trademarks from any of the Materials found on this Website. In addition, the "look and feel" of this Website (including the unique combination of Website colors, page headers, graphics, icons, images and scripts, etc.) is considered by us to be valuable and protectable trade dress and may not be copied, imitated, or used (in whole or in part) by You without our prior written permission. This Website and all separate Website elements are protected under United States copyright laws. You may not engage in any "framing" of any page of this Website or otherwise of any of the Materials on this Website. Some of the Materials on this Website include embedded video and/or audio recordings and may include podcasts and other similar downloadable video or audio files from time to time. All video and audio recordings and files are owned by us unless otherwise stated in those Materials. Additionally, this Website may contain embedded video or audio recordings from external servers and third party websites including, but not limited to, YouTube.com, Google Video, etc. All such embedded recordings are owned by us regardless of whether they are hosted by any such third party websites and/or external servers.
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us or by any of our third-party partners or any other third-parties. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law. Additionally, any use of any metatags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without the our prior written permission is strictly prohibited. You are restricted from "co-branding" this Website with any third party website, product or business. This means You are restricted from copying any trademark, logo, service mark, trade name or any other Materials on this Website and displaying the same on any other website in any manner that would provide any viewer to reasonably conclude that such website is or could be affiliated with this Website and/or the Website operator and/or has permission to display the contents of this Website or any Materials.
Some information and content on this Website is provided by our third-party partners ("Third Party Content"). You agree that you will only display the Third Party Content on your personal computer for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), alter, edit, manipulate or enhance any of the Third Party Content in any manner. We disclaim all express, implied and statutory warranties and conditions with regard to Third Party Content. This includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Third-Party Copyright Notice
All information and data appearing on any third-party website that You may access through this Website including web pages, documents, site design, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of such third-parties unless otherwise specified. All rights not expressly granted herein are reserved worldwide. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of the copyright holder, except as otherwise required by applicable law. We have no affiliation
GENERAL INFORMATION ACCURACY
Every effort has been made to ensure the completeness and the accuracy of the information contained on this Website and contained in any email we send to you, both generally in an in connection with the Services. However, we make no guarantees, warranties or representations as to the accuracy of the information contained on this Website or in any email you receive from us, both in connection with your use of the Services and your use of the Website generally, including but not limited to property information and prices, or the quality of such information, its usefulness or reliability, and we assume no responsibility for any errors, omissions or any inconsistencies. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE ACCURACY, QUALITY, USEFULNESS OR RELIABILITY OF THE INFORMATION OR ANY DATA CONTAINED ON THIS WEBSITE OR CONTAINED IN ANY EMAILS WE MAY SEND TO YOU RELATED TO ANY PROPERTY LISTING OR SEARCH RESULT GENERALLY IN CONNECTION WITH YOUR USE OF THE SERVICES OR WEBSITE, OR CONTAINED ON ANY THIRD-PARTY WEBSITE(S) THAT MAY BE ACCESSIBLE THROUGH THIS WEBSITE, OR THAT SUCH INFORMATION WILL MEET YOUR EXPECTATIONS OF USE. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE AND/OR RELIANCE UPON ANY OF THE INFORMATION CONTAINED ON THIS WEBSITE OR IN ANY EMAIL WE MAY SEND TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES OR YOUR USE OF THIS WEBSITE GENERALLY.
EDUCATIONAL MATERIALS INFORMATION ACCURACY DISCLAIMER
Every effort has been made to ensure the completeness and the accuracy of the information contained on any investing education materials we may offer from time to time through your paid membership. However, we make no guarantees, warranties or representations as to the accuracy of the information contained in any real estate investment educational materials made available to You as part of the Services, or the quality of such information, its usefulness or reliability, and we assume no responsibility for any errors, omissions or any inconsistencies. In addition, events or changes occurring after some materials were created may render some of the information contained therein as obsolete. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE ACCURACY, QUALITY, USEFULNESS OR RELIABILITY OF THE INFORMATION OR ANY RECOMMENDATIONS CONTAINED IN ANY EDUCATIONAL MATERIALS OR THAT THIS INFORMATION WILL MEET YOUR EXPECTATIONS OF USE. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE AND/OR RELIANCE UPON ANY OF THE INFORMATION CONTAINED IN ANY REAL ESTATE INVESTMENT EDUCATIONAL MATERIALS WE MAY MAKE AVAILABLE TO YOU THROUGH THIS WEBSITE.
SERVICES USE DISCLAIMER
USE AND ACCESS OF THE SERVICES IS DONE AT YOUR SOLE RISK. THIS WEBSITE AND ALL MATERIALS ARE BEING PROVIDED "AS IS" AND "WITH ALL FAULTS." WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF THE SERVICES OR RELATING TO YOUR USE OF ANY OF THE MATERIALS IN ANY MANNER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RESULTS, ACCURACY OF ANY DATA, PERFORMANCE OR RELIABILITY OF THE SERVICES OR OF ANY MATERIALS OR THAT THE SERVICES OR ANY MATERIALS WILL MEET YOUR EXPECTATIONS OF USE OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED IN A TIMELY MANNER BY US. WE ARE UNDER NO OBLIGATION TO UPDATE ANY OF THE MATERIALS OR OTHER INFORMATION CONTAINED ON THIS WEBSITE IN CONNECTION WITH THE SERVICES INCLUDING ANY REAL ESTATE PROPERTY LISTING INFORMATION. WE DO NOT WARRANT THAT THE SERVICES OR ANY OF THE MATERIALS ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION OR THAT THE SERVICES OR ANY OF THE MATERIALS WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE, APPLICATION OR PROGRAM THAT MAY CONTAIN HARMFUL ELEMENTS.
LIMITATIONS ON OUR LIABILITY:
A. THIRD PARTY PRODUCTS/SERVICES LIABILITY WAIVER
WE ARE NOT RESPONSIBLE FOR THE CONTENT DISPLAYED ON ANY THIRD-PARTY WEBSITE YOU ACCESS THROUGH YOUR USE OF THE SERVICES. YOU ASSUME THE SOLE RISK OF INTERACTING WITH ANY THIRD-PARTY ADVERTISERS OR OTHERWISE PURCHASING ANY GOODS OR SERVICES FROM SUCH PARTIES OR OTHERWISE RELYING ON ANY, SERVICES, INFORMATION OR DATA PROVIDED BY THEM. YOU AGREE THAT WE ARE IN NO WAY RESPONSIBLE AND SHALL HAVE NO LIABILITY TO YOU WHATSOEVER OF ANY KIND OR NATURE FOR THE AVAILABILITY, RELIABILITY OR PERFORMANCE OF ANY THIRD-PARTY SERVICE OR BY ANY THIRD PARTY GENERALLY IN CONNECTION WITH YOUR USE OF ANY OF THEIR PRODUCTS AND/OR SERVICES OFFERED BY SUCH THIRD-PARTY INCLUDING, BUT NOT LIMITED, TO ANY EARNINGS OR OTHER RESULTS RELATED CLAIMS OR OTHERWISE IN CONNECTION WITH ANY EXPECTATION OF USE BY YOU. YOU AGREE TO WAIVE ANY RIGHT TO ASSERT ANY CLAIM AGAINST US IN CONNECTION WITH THE FOREGOING AND WE SHALL OTHERWISE NOT BE LIABLE TO YOU, DIRECTLY OR INDIRECTLY, FOR ANY SUCH CLAIM WHETHER KNOWN OR UNKNOWN AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE SAME.
B INDIRECT/CONSEQUENTIAL DAMAGES WAIVER
YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS WEBSITE AND/OR THE SERVICES IN ANY MANNER WHATSOEVER INCLUDING YOUR USE OR RELIANCE ON ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE OR CONTAINED ON ANY THIRD PARTY WEBSITE YOU ACCESS THROUGH THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CASE OF ANY DAMAGE YOU MAY INCUR, INCLUDING ANY DAMAGES NOT FORESEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR FOR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME.
C. WAIVER ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE $1542.
D. Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
Strong Down time/Interruptions Disclaimer
While we strive to keep downtime to a minimum, from time to time the Services may be unavailable, whether due to periodic maintenance or otherwise. We shall not be liable to You for any downtime caused by any of the following: (i) regular, routine maintenance, which may occur nightly (resulting in the inability to access saved data for basic members; (ii) periodic maintenance (notice of which will be posted in advance on the Website at the point of user log-in and/or e-mailed to the e-mail address contained in your primary Log-In Information); (iii) any reason described in our section regarding Force Majeure; or (iv) your inability to connect to or to access the Website or Services (including ability to access and use any contests on our Website) due to problems related to your device/computer hardware, software, network, network setup or security, or your Internet service provider or any other similar problem. Additionally, please note that we will not respond to any complaints by any of our users related to page loading errors that may occur during game playing. By creating a user account and otherwise using the Services, either as a basic member, or by using any of our Full Access, You understand and acknowledge that You have been made aware of this possibility and that You assume this risk before You elect to use the Services or pay any access fees. You agree that under no circumstances shall we have any liability to You of any kind whatsoever for any interruptions or downtime including, but not limited to, the inability to access any saved data.
Indemnification by You
You agree to indemnify and hold us harmless, including our directors, officers, shareholders, members, managers, employees, agents or attorneys, to the extent applicable, from any and all claims, liabilities, legal proceedings, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to: i) Your use of and interaction with this Website in any way whatsoever; or ii) any violation of the terms and conditions of this Agreement; or iii) violation of any law; or iv) violation of the rights of any third party for which any suit or legal proceeding is brought against us related to such violation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim and agree that we shall be entitled to exercise sole discretion over the control and manner of such defense.
THIRD-PARTY PROVIDER DATA COLLECTION/USE
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
B. Entire Agreement
C. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION . Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association ("AAA") and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard in Austin, Texas. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.
D. Venue/Choice of Law
Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a state or federal court situated in Austin, Texas, U.S.A and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of Texas, U.S.A., without regard to any applicable provincial conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Any non-enforcement of this agreement by us shall not be considered a waiver of our rights to enforce the terms hereunder.
G. Termination of Website Services
We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions offered by or through this Website, with or without notice. This includes all Course materials made available to you directly on the Website. You agree that we shall not be liable to you or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of the Website.
The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against You or us.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction. Notwithstanding, we may assign all of our rights and obligations hereunder to any third-party purchaser/assignee in the event we elect to sell and otherwise transfer rights to our Website.
J. Successors and Assigns.This Agreement shall inure to the benefit of any of our successors or assigns and shall continue to be binding upon You in the event of an assignment of our rights and obligations under this Agreement.
K. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.