FINANCEANSWERS.COM
TERMS AND CONDITIONS OF USE
Date of Last Revision: Aug 02, 2009
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, LIMITATIONS AND EXCLUSIONS, REMEDIES AND OBLIGATIONS. BY ACCESSING/USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, IMMEDIATELY CEASE ALL ACCESS AND USE OF THIS WEB SITE -- FINANCEANSWERS.COM.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the services, network, and web site of FinanceAnswers, Inc. (“Company”), located at www.FinanceAnswers.com (the “Site”) and the information and other services provided therein (the “Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms.
Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must immediately stop using the Site.
Site Content
You understand that all answers, blog entries, messages, postings, replies, reviews, text, images or other materials (“Content”) posted or published on, uploaded to, transmitted through, or linked from (hereinafter, “post” or “posted”), the Services are the sole responsibility of the person from whom such Content originated. You understand that the Site does not control, and is not responsible for, Content made available through the Services, and that by using the Services; you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content available through the Services may contain links to other websites which are completely independent of the Site. The Site makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will the Site be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Services. You acknowledge that the Site does not pre-screen or approve Content, but that the Site shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Services, in connection with violations of the letter or spirit of the Terms of Use or for any other reason.
Company and Site shall have no liability for investment or other decisions based upon any Content and/or decisions based upon a contrarian view of any Content (see Indemnity). Company and Site specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content, including but not limited to market value or other loss on the sale or purchase of any company, property, product, services, security, instrument, or any other matter.
No Advisor-Client, Firm-Client Relationship
The Uniform Securities Act (“USA”) defines an “Agent” means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in effecting or attempting to effect purchases or sales of the issuer's securities. The USA defines an “Investment Advisor” a person that, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. The term includes a financial planner or other person that, as an integral component of other financially related services, provides investment advice to others for compensation as part of a business or that holds itself out as providing investment advice to others for compensation. The USA defines an “Investment Advisor Representative” as an individual employed by or associated with an investment Advisor or federal covered investment Advisor and who makes any recommendations or otherwise gives investment advice regarding securities, manages accounts or portfolios of clients, determines which recommendation or advice regarding securities should be given, provides investment advice or holds herself or himself out as providing investment advice, receives compensation to solicit, offer, or negotiate for the sale of or for selling investment advice, or supervises employees who perform any of the foregoing. (An Agent; Investment Advisor; Investment Advisor Representative from hereinafter will be known as “Advisor”)
The USA defines a “Broker-Dealer” as a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account. The Investment Company Act of 1940 defines an ‘‘Investment Company” by any issuer which—(A) is or holds itself out as being engaged primarily, or proposes to engage primarily, in the business of investing, reinvesting, or trading in securities; (B) is engaged or proposes to engage in the business of issuing face-amount certificates of the installment type, or has been engaged in such business and has any such certificate outstanding; or (C) is engaged or proposes to engage in the business of investing, reinvesting, owning, holding, or trading in securities, and owns or proposes to acquire investment securities having a value exceeding 40 per centum of the value of such issuer’s total assets (exclusive of Government securities and cash items) on an unconsolidated basis. (2) As used in this section, “investment securities” includes all securities except (A) Government securities, (B) securities issued by employees’ securities companies, and (C) securities issued by majority- owned subsidiaries of the owner which (i) are not investment companies, and (ii) are not relying on the exception from the definition of investment company in paragraph (1) or (7) of subsection (c) of the Investment Company Act of 1940. (A Broker-Dealer; Investment Company from hereinafter will be known as “Firm”)
Information posted or made available on or through the Site, including without limitation any responses to financial questions posted on Site Answers, information provided in Site Blog, and any other comments, opinions, recommendations, answers, analysis, references, referrals, reviews or financially related content or information (collectively “Financial Information”) is not intended to create an Advisor-client, Firm-client relationship between you and any Advisor and/or Firm. Such Financial Information is intended for general informational purposes only and should be used only as a starting point for addressing your financial issues. It is not a substitute for an in-person or telephone consultation with an Advisor and/or Firm licensed to practice in your jurisdiction about your specific financial issue, and you should not rely upon such Financial Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to Advisor-client, Firm-client privilege.
Company and Site does not select, screen, approve, endorse or limit who can post Financial Information, including those who contribute responses to Site Answers and Site Blog (“Contributors”). Designation as a Contributor at a particular level is based solely on the number of contributions made and user ratings as to helpfulness of such contributions and does not reflect any endorsement or approval by Company. In addition, although we reserve the right to review, remove or edit any content from the site, we do not routinely screen, monitor, or review the content of any such Financial Information. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Financial Information or the qualifications of those posting Financial Information. COMPANY AND SITE SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY FINANCIAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON FINANCIAL INFORMATION IS SOLELY AT YOUR OWN RISK.
Disclaimers and Acknowledgements Regarding Use of Site Information
THE SITE, THE SITE MATERIALS (INCLUDING ANY FINANCIAL INFORMATION) AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While Company endeavors to provide and to allow others to provide useful information regarding Advisor, Firms, and financial services you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that Advisor, Firm and other information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information and Site Materials, such as Advisor reviews, Firm reviews and Financial Information), and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that an Advisor review, Firm review, and the other Financial Information contained in an Advisor, Firm’s profile, such as descriptions of an Advisor, Firm's areas of specialization, and other data, summaries or descriptions on the Site, are based on the data obtained by or submitted to Company, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to Company. An Advisor review, Firm review reflects the Company's assessment of a given Advisor, Firm, based upon the information obtained by or submitted to Company; someone else's assessment/review of the same Advisor, Firm may be different or based upon different information. Neither Advisor reviews, Firm reviews, Financial Information nor any of the other information contained on the Site or provided through the Services, are an endorsement of any particular Advisor, Firm, or are a guarantee of an Advisor, Firm's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of a financial matter handled by such Advisor, Firm. The information provided on this Site is intended to be a starting point to gather information about financial issues and Advisor, Firm who may be suitable for your financial needs, but you should not rely solely on such information in deciding whether to hire an Advisor, Firm or how to resolve a financial matter. Furthermore, you should independently verify the accuracy of any information you obtain on the Site before using it, and you should obtain independent references for any Advisor, Firm you are considering hiring. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of, and the results obtained from, any Advisor, Firm you hire.
Additional information about Site Materials, the Services, Advisor reviews, Firm reviews, Financial Information, the sources of information displayed on the Site, and other important matters is contained within the Site itself, including in the FAQ and Community Guidelines, and you acknowledge and agree that your use of the Site, or of any information or features in or on the Site, is informed by and subject not only to these Disclaimers and Site Terms but also by the information and explanation available on these pages.
COMPANY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION ADVISOR, FIRM PROFILE INFORMATION OR FINANCIAL INFORMATION. WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any Advisor, Firm, or other financial service providers or organizations, educational institutions, courts, associations, organizations, publications, licenses, accreditations, reviews, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
User Content Posted To Site
You are solely responsible for the Content that you post on or through the Services, or otherwise transmit to or share with other Users (collectively, the “User Content”). You may not post or share User Content on the Services that you did not create or that you do not have permission to post. You acknowledge the Site does not pre-screen or approve Content, but that Site shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any User Content that is available via the Services, in connection with violations of the letter or spirit of the Terms of Use or for any other reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Services or otherwise provide to the Company.
When you post User Content to the Services, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Services. By posting User Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Please be advised that Site will not accept requests to remove User Content. The Site does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
It is the full responsibility of Advisor, Firm to ensure that any information or advertisements posted to Site (including without limitation to any Financial Information), and any communications they may have with prospective clients through the Site and the Services, fully comply with all applicable rules of professional conduct, including those concerning the unauthorized practice as an Advisor and those regulating the form, manner or content of communications with clients, advertising, or other matters.
You acknowledge and agree that any materials, including but not limited to answers, blog entries, comments, reviews, questions, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to Company, or any postings on the Site, are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Access and Use of Services
Company grants user a limited, revocable, nonexclusive license to access and use the Services and the Content for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Company in writing. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Services or any Content made available via the Services for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Company.
Infringement Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We respect the intellectual property rights of others and we prohibit Users from posting or otherwise transmitting on the Services any materials that violate another party's intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Site at abuse@financeanswers.com
Please provide us with the following Notice:
a) Identify the Content on the Service that you claim is infringing, with enough detail so that we may locate it on the Service;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Trademarks
FinanceAnswers.com, Company, Company logo and any other product or services name or slogan contained in the Site are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “FinanceAnswers” or any other name, trademark or product or services name of Company without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the services mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Company, any of its products and services, or any Advisor, Firm or financial services provider entity in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of Company to link to this Site without the express written permission of Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Company's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party.
Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright law.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any Advisor, Firm listings, pictures, profiles, reviews or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable law including without limitation copyright and trademark law and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Limitation of Liability
IN NO EVENT SHALL COMPANY OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF LEGAL MATTERS, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.
Third Party Content
The Site makes information of third parties available as a service to those interested in such Financial Information, and Company may post third party content or allow users to post third party content to the Site. Site users acknowledge and agree that the Third Party Content is not created or endorsed by Company or any business offering products or services through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any security or make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. Company does not monitor or have any control over any Third Party Content or third party Web sites. I acknowledge that the Third Party Content provided to me is obtained from sources believed to be reliable and that no guarantees are made by the Site or the providers of the Third Party Content as to its accuracy, completeness, timeliness. I agree not to hold the Site, any business offering products or services through the Site or any provider of Third Party Content liable for any investment decision or other transaction I may make based on my reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
Third Party Services
The Site may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the “Third-Party Services”), including without limitation legal and legal related services. Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, Company makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained there from, and Company assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and Company is not responsible or liable for any Third-Party Services.
Arbitration
YOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF SITE TERMS, or the breach thereof , AND/or to the Site and/or the Services SHALL BE FINAL AND BINDING ARBITRATION (administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules), except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE SITE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Services be instituted more than one (1) year after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees), arising out of or in connection with any Content you post or Content you share on or through the Services or otherwise, your conduct in connection with the Services or with other Users, or any violation of these Site Terms of Use or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Services.
User Registration
In consideration of your use of the Site and Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Termination
The Company may terminate your account, delete your profile and any User Content that you have posted on the Services and/or prohibit you from using or accessing the Services for any reason, or no reason, at any time in its sole discretion, with or without notice.
Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Privacy Policy
Please refer to our Privacy Policy for information on how the company collects, uses and discloses personally identifiable information from its users.
