Effective August 2015
Acceptance of Terms
By providing us with your email address, you authorize us to use the email address provided to send you information related to the Site, in lieu of sending the information by postal mail. This information may include notices required by law, updates to our policies, and/or new information regarding Site features.
Although it is the Company’s intention to provide convenient and interrupted access to the Site, there may be occasions when the Site may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to the failure of telecommunications links and/or equipment. The Company urges you not to rely on the Site for content backup or storage. The Company will not be liable to you for any modification, suspension, or discontinuation of the Site, or the loss of any content owned by you or any other party. You also acknowledge that the internet and the Site may be subject to breaches of security and that the submission of content or participation in services via the Site may not be secure.
You agree that your use of or participation in the Site does not create a professional, confidential, fiduciary, or any other type of special relationship with Company.
You agree that you are responsible for all data charges you incur through use of the Site.
Notices and Disclaimers
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify us as set forth in the Digital Millennium Copyright Act.
The information on this Site is provided “as is” without warranties of any kind. We do not represent, warrant, guarantee, or assume responsibility for any services and products provided by a third party via this Site.
These terms may not be assigned or transferred, by operation of law or otherwise, without the prior written consent of the Company. Any attempt to assign or transfer these terms, without consent, will be null and void. We may assign or transfer these terms, at our sole discretion, without any restriction whatsoever. Subject to the foregoing language, these terms bind and inure to the benefit of the parties, their successors and assigns.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any User content or any third party content you share on or through the Site.
Limitation of Liability
In no event will the Company or its directors, employees, or agents be liable to you or any third person for any lost profits, lost or stolen data, costs, materials, personal injury, property damage, or any other damages arising from your use of the Site or any of the Site content. You agree that you will be entitled to injunctive relief only, unless permitted by law and that you shall not be entitled to damages of any kind from the Company, regardless of the cause of action. Notwithstanding anything to the contrary contained herein, you agree that any claim you may have arising out of or related to your relationship with the Company must be filed within one year after such claim arose; otherwise your claim is permanently barred.
Arbitration shall be conducted by the American Arbitration Association, referred to as “AAA” under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration shall be conducted in North Carolina, and the allocation of costs and fees for such arbitration shall be determined in accordance with the AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action and Jury Trial Waiver