Last Modified: October 26, 2018
1. Your Acceptance.
2. General Disclaimer: Not Professional Advice.
The content of our Website is available for informational purposes only. The posting of content and access to our Website does not constitute, either explicitly or implicitly, any provision of services or products by Company or any of its respective affiliates. Nothing contained on our Website constitutes tax, legal, insurance, or investment advice. Neither the information, nor any opinion, contained on our websites constitutes a solicitation or offer by the company or its affiliates to buy or sell any securities or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on our Website are the sole responsibility of you as the user. In exchange for using our Website, you agree to indemnify and hold Company, our members, officers, employees, joint venturers, affiliates, agents, licensors and service providers harmless against any and all claims, losses, liability, costs and expenses arising from your use of this website, from your violation of these terms, or from any decisions that the user makes based on such information. The information and opinions contained on our websites, including links or references to other sites, are provided ‘as is’ without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and materials provided thereon. We do not warrant that the Website will be constantly available or available at all; or the information on the Website is complete, true, or accurate.
3. Grant of Access.
We reserve the right to cancel any account, service, subscription and access to the Website and related forums, social media, online communities, etc. at our sole discretion. We will generally invoke this rule based on unlawful conduct or unacceptable behavior that might drive away or offend others, irritate us, or when your activities jeopardize our reputation or ability to provide services or operate the Website as intended.
4. Disclaimer of Warranties.
You expressly agree that your use of the Website is at your sole risk. The Website is provided on an 'as is' and 'as available' basis. Company and our members, managers, officers, joint venturers, employees, as well as its third-party agents, contractors, distributors, merchants, or sponsors (collectively, “Company Third-Parties”), cannot and do not warrant that your use of the Website will be uninterrupted, secure or error-free. Neither we nor Company Third-Parties have any responsibility for your action or inaction in connection with the Website or for any damage to your device or data or any other damage you may incur in connection with your use of the Website. Neither we nor the Company Third-Parties warrant the accuracy, integrity, or completeness of the content provided on the Website, or the products or services listed or referenced thereon. We and the Company Third-Parties specifically disclaim all warranties, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, title, and non-infringement. No oral or written information or advice given by us or the Company Third-Parties shall create a warranty, except where the exclusion or limitation of certain warranties is prohibited by law. Occasionally there may be content on the Website that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, content, alerts, pricing, availability, and other information.
5. User Information and Accounts.
6. Access and License Grant to You.
After registering for our Website, where required, we grant you a personal, non-commercial, non-exclusive, revocable, limited, single-user license to access the Website on any browser or device. You may share this license and access with other persons, but you are solely responsible for their actions. As a user, whether registered or not, you do not receive any ownership interest in any portion of the Website; you merely receive the aforementioned revocable license or access listed above. The Website is licensed, not sold to you. Except as expressly granted by this Agreement or otherwise by Company in writing, you acquire no right, title, or license in the Website or any data, software, content, application, or materials accessed from or incorporated within the Website. You are not authorized to use any of Company’s intellectual property. All Website intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Company. No license to sell or distribute Company’s materials is granted or implied. This Agreement does not give you any rights to any updates or upgrades to the Website or to any maintenance releases, patches, fixes, extensions, or enhancements to the Website developed by Company or its licensors at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to the Website. If provided by Company, Website updates may be delivered automatically or you may be notified when a new update is released. Company may, but has no obligation, to provide Website updates and support. You authorize Company to deliver automatically any Website update if we believe it is necessary to provide for the continued functionality of the Website or for any reasonable business purpose. Your use of all Website updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of access. You also agree that you may have to enter into a renewed version of this Agreement upon the release of future updates. Your license or access to the Websuite is subject to the following requirements:
- a. You may not decompile, reverse engineer, disassemble, modify, rent, sell, translate, lease, loan, distribute, or create derivative works or improvements to the Website or any portion of it for any reason whatsoever.
- c. You may not violate or infringe the intellectual property, privacy, or other rights of any third-party while using the Website.
- d. You must preserve all copyright and other proprietary rights on the Website and all copies thereof.
- e. You may not violate any laws, rules, or procedures of the United States or other countries as applicable while using the Website.
- f.You may not violate any of Company’s additional policies.
- g. You may not use our Website except through specific channels provided by us.
- h. You may not use the Website on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- i. You may not sell, lease, loan, distribute, transfer, host, outsource, disclose, sublicense, or otherwise commercially exploit the Website or make the Website available to any third-party.
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license, terminate your account, or revoke your access to use our Website at our discretion. Additionally, we may revoke your license or restrict your access to our Website if we believe that your actions may harm us or any users. Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.
7. Use of the Website.
When using our Website, you are solely responsible for your use of the Website, including any purchasing decisions you decide to make. When using our Website you agree to the following:
- a. You may not copy, distribute or disclose any part of the Website in any medium, including without limitation by any automated or non-automated “scraping;”
- b. You may not systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission, which may be unreasonably withheld;
- c. You may not use the Website for any data mining or similar data gathering and/or extraction purposes;
- d. You may not make any unauthorized use of the Website, including collecting user data or Website data by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- e. You may not use the Website in any ways that are unlawful;
- f. You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
- g. You may not circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website and/or content contained therein;
- h. You may not engage in unauthorized framing or linking to the Website;
- i. You may not trick, defraud, mislead us and/or other Website users, especially in an attempt to learn account access and/or personal information;
- j. You may not make improper use of our support services or submit false reports of errors, abuse, or misconduct;
- k. You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
- l. You may not use automated bots or other software to send more messages through our Website than humanly possible;
- m. You may not access our Website in an attempt to build a similar or other competitive product or service;
- n. You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- o. You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
- p. You may not use the Website in any way that is: misleading, unlawful, defamatory, obscene, invasive, or threatening;
- q. You may not use the Website to stalk, harass, bully, or harm another individual;
- r. You may not violate any requirements, procedures, policies or regulations of networks connected to the Website and/or Company;
- s. You may not interfere with or disrupt the Website;
- t. You may not disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website;
- u. You agree that you will not hold Company responsible for your use of our Website and your customers’ use of the Website;
- v. You may not use the Website in a manner inconsistent with any applicable laws or regulations; and
- w. You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Website, including the de-indexing or de-caching of any portion of our Website from a thirty-party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Website may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Website, but we reserve the right to suspend or terminate any account at any time without notice or explanation.
8. User Content.
Your ability to submit or transmit any information through the Website, including but not limited to forum posts, links, data, information, images, references, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide industry standard security for our Website but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Website may be modified, edited, or removed at our discretion. Furthermore, you represent and warrant that you have the right to submit any User Content, all User Content is legal, and the User Content does not interfere with any third-party rights or obligations. When you submit any User Content to us, you grant Company, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Website. Additionally, you grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Website any suggestion, enhancement request, recommendation, correction, or other feedback provided by you relating to the operation of our Website.
9. Monitoring User Content.
Company shall have the right, but not the obligation, to monitor all User Content on the Website at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Company shall have the right, but not the obligation, to remove any User Content that Company within Company’s sole and complete discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests. We have no obligation to retain or provide you with copies of any User Content.
10. Social Content.
The Website may contain links that enable you to post written, graphical, hyperlink, audio, video, and/or audiovisual content on various social media accounts owned by Company (all such social media accounts referred to as the “Company Social Media Accounts”). By posting on any Company Social Media Account, you hereby agree to the following:
- a. Use of name, handle, text, photo, video, and likeness. You hereby grant Company, its subsidiaries, and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") the right and permission to use your name and/or handle, image and likeness, text, photograph, and video you are posting to social media platforms including but not limited to SnapChat, Pinterest, Twitter , Facebook, and Instagram (collectively, the "Social Content") within the Website or on any Company Social Media Accounts. You agree that the Social Content may be distributed, published, exhibited, or digitized, displayed, reproduced, and otherwise used, within the Website and any Company Social Media Account at any time, for purposes of advertising or trade in promoting and publicizing the Permitted Parties. You agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Social Content and you irrevocably waive any and all so-called moral rights you may have in the Social Content.
- b. Takedown. If you want any Social Content removed from the Website, you understand it may take up to 30 days. To initiate the process, you will send an email message to email@example.com with the subject line “Content Removal.” In the body of the email I will include (a) Name, (b) Address, (c) Phone Number, (d) a screen shot of the content you want removed, (e) the complete URL or location the content was displayed on, (f) the date the content was seen, and (g) a brief description of why the content needs to be removed.
- c. Your Representations and Warranties. You represent and warrant as follows: (a) you have the right to post the Social Content; (b) neither the Social Content nor the use of the Social Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws; (c) the Social Content does not contain any content that is indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous, or otherwise depicts inappropriate behavior. You hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any Social Content or any breach or alleged breach of any of your warranties, representations or agreements hereunder.
- d. No obligation to use. You understand and agree: (a) that Permitted Parties shall have no obligation to use the Social Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Social Content (or any part thereof) from the Website or other website at any time for any reason in the Permitted Parties' sole discretion. You further understand and agree that the Permitted Parties will not use any Social Content or other materials they find inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous, or that the Permitted Parties believe may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights.
11. Website Availability.
Although we try to provide continuous availability to you, we do not guarantee that the Website will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Website. You agree and acknowledge that the Website uses remote access and may not always be either 100% reliable or available. We cannot guarantee that the Website will work to the functionality desired by you or give you any desired results when using the Website independently or when paired with a third-party product.
12. Modification of Website.
We reserve the right to alter, modify, update, or remove our Website at any time. We may conduct such modifications to our Website for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to modify Website features and functionalities, fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Website for security, legal, or other purposes.
13. Guidelines for Reviews.
We may provide you areas within the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you have firsthand experience with the person/entity/product/service being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not represent our opinions or the views of any of Company or Company Third-Parties. Neither we nor any Company Third-Parties assume any liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review within the Website, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
14. Intellectual Property.
The name “GreenWallSt”, along with the design of the Website and any text, writings, images, videos, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. For clarity, all videos marked with Company watermark displayed within Website are the exclusive property of Company. Company reserves all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution anything contained within the Website unless we have given express written permission.
16. Idea Submission.
Company or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Company. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Company’s products might seem similar to ideas you submitted to Company. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Company, without any compensation to you; (2) Company may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Company to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY, NOR ANY OF OUR MEMBERS, EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, JOINT VENTURERS, ASSIGNS, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE WEBSITE; (2) ANY INFORMATION PROVIDED VIA THE WEBSITE; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY, OR VIA THE WEBSITE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
18. Limitation of Liability.
IN NO EVENT SHALL COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, JOINT VENTURERS, CONTRACTORS, AGENTS, OR PETLAND, INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE WEBSITE, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE VIA A THIRD-PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (6) COMPANY’S USE AND/OR DISPLAY OF THIRD-PARTY TRADEMARKS, BRANDING, AND OTHER GRAPHICAL, AUDIO, OR AUDIOVISUAL CONTENT, OR (7) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD-PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY COMPANY’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. SPECIFICALLY, FOR NEW JERSEY RESIDENTS OUR LIABILITY IS THE LOWEST PERMITTED UNDER NEW JERSEY LAW. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED ($100) US DOLLARS.
You hereby agree to defend, indemnify and hold harmless Company, its members, officers, directors, employees, joint venturers, contractors, agents, and Petland, Inc. from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- a. your use of and access to the Website;
- c. your violation of any third-party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Website. You also agree that you have a duty to defend Company against such claims and Company may require you to pay for an attorney(s) of Company’s choice in such cases. You agree that this indemnity extends to requiring you to pay for Company’s reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, Company may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
- a. Your full legal name.
- b. The name of the party whose copyright has been infringed, if different from your name.
- c. The name and description of the work that is being infringed.
- d. The location on our Website of the infringing content.
- e. A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third-party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- f. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to us at firstname.lastname@example.org.
21. Choice of Law.
This Agreement shall be governed by the laws in force in the state of Pennsylvania. The offer and acceptance of this contract is deemed to have occurred in the state of Texas.
Any dispute relating in any way to your use of the Website or your relationship with us shall be submitted to confidential arbitration in Dallas County, Texas. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where allowed by the Rules, Company may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or this Agreement must be filed within one year after such claim or cause of action arose or be forever banned (waiver does not apply to New Jersey residents). Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Dallas County, Texas.
23. Class Action Waiver.
You and Company agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. The foregoing class action waiver does not apply to residents of Pennsylvania.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Company are deemed to conflict with each other’s operation, Company shall have the sole right to elect which provision remains in force.
25. Non-Waiver by Company.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
26. Assignment and Survival.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion without prior notice given to you. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.
You may terminate this Agreement by deactivating your Website account and refraining from further access of the Website or by contacting us at email@example.com. Please be aware that upon termination of your account, access to portions of our Website may be become immediately disabled. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Website; (2) if you have violated this Agreement or any of our Website policies; or (3) if we believe that any of your actions may legally harm our Company, the Website, or our business interests, at our sole decision or discretion. In the event of termination, we may provide you with an explanation; however, we are not required to do so.
28. Entire Agreement.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease accessing our Website and we shall terminate our Agreement with you.
30. Electronic Communications.
The communications between you and Company use electronic means, whether you visit the Website or send Company e-mails, or whether Company posts notices on the Website or communications with you via mobile notifications or e-mail. You consent to receive electronic communications from Company. For contractual purposes, you: (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
31. Export Controls.
The Website and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported: (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Website, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
32. Third-Party Links.
33. Data Rates.
You will be able to access the Website through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cellphone carrier.
34. California Users.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be sent to firstname.lastname@example.org. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.