TRELLIS RESEARCH INC. TERMS OF SERVICE

Last Updated April 29, 2018

PLEASE READ THESE USER TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. Your continued use constitutes your consent to the Company’s Terms of Service and Privacy Policy.

The following constitute the terms of Terms of Service (“Terms of Service") between you and Trellis Research, Inc. (referred to as the "Company") with respect to your use of our web site at https://trellis.law (“Site"). The Company operates the platform on the site including all text and the underlying intellectual property rights thereto (collectively the "Content").

By accessing the Service, you acknowledge your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, do not access this Site or otherwise use our Services. We reserve the right to update or modify these Terms of Service at any time, and without prior notice to you. Your use of the Company’s site constitutes your acceptance to be bound by these Terms of Service. We encourage you to read through and review these Terms of Service each time you access or use the Service.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, YOU MUST NOT USE THIS PLATFORM OR ACCESS THE COMPANY’S SERVICES.

 

1. Definitions:

“Account(s)” means a User Account.

“Analytics Services and Reports” means Company data analytics and reporting add-on service available to Subscribers and non-subscribers through the Platform for an additional fee.

“User” means any User that registers an Account for the purposes of using the Company’s Platform.

The terms "you" and "your" in uppercase or lowercase shall mean the entity (e.g. company, corporation, partnership, sole proprietor, etc.) or government agency entering into a Subscription Agreement with the Company.

The "Subscription Agreement" shall also consist of, and include, these General Terms and Conditions, Online Privacy Statement, Public Records Privacy Statement and any applicable transactional rate schedule applicable to you (the "Price Schedule").

“Confidential Information” has the meaning set forth in Section 7 below. Confidential Information excludes information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the Company (as proven by User’s written records and files immediately prior to the time of disclosure or access); (ii) becomes publicly known and made generally available after disclosure by the Company to the User through no action or inaction of the receiving party; (iii) is already in the possession of the User at the time of disclosure or access provided by the Company as shown by the User’s written files and records immediately prior to the time of such disclosure or access; (iv) is independently obtained by the User from a third party without a breach of such third party’s duty of confidentiality; or (v) is required by law to be disclosed by the User provided that the User gives the Company prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

 

2. Registration.  In order to use the Company’s Platform, Users must be registered. To register, you must provide profile information as specified by the website. You must provide a complete and accurate profile when applying or your Account will be rejected. The Company reserves the right, in its sole discretion, to accept, reject or require additional information for any application prior to allowing the applicant access to the Service.

 

3. Ownership.  All Product names, company names, marks, logos, and symbols posted on the Company’s Platform shall be the trademarks of their respective owners, to the extent any such ownership is held. You agree that any comments or Content you publish or provide to other Users (collectively, your “User Content”) that you post or share with other Users complies with these Terms of Service. Any comments or content posted by any User on the Company’s Platform expresses only the opinion of the User who posted the content and does not express the opinion of the Company. By allowing you access to the Service, you hereby grant the Company a non-exclusive, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, unlimited, royalty-free and fully paid up right and license to publish and use your User Content on our Company’s Platform.

 

4. License. We hereby grant you the right to view and use this Company’s Platform in accordance with these Terms of Service. You may download and/or print a copy of the Content for your internal use only (the "Permitted Uses") provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. The Company may, in its sole discretion cancel your Account and deny you further access to the Service and the Company’s Platform at any time, with or without cause and with or without notice to you. Following termination, or cancellation of User’s subscription or access to the Company’s Platform, such User will no longer be charged starting on the first day of the billing cycle immediately following such termination. However, no refunds or retroactive cancellations shall be permitted.

 

5. Confidentiality; Non-Circumvention

(a) You agree that all Profile information of other Users and Content (including the User Content of others) made available to you through the Service constitutes Company’s “Confidential Information.” You agree to treat such Confidential Information with the same degree of care as you treat your most confidential information, but no less than reasonable care. You may not disclose, share, publish or otherwise disseminate such information and maintain the Company’s Confidential Information to any third party and may only use it to the extent required for the purposes of facilitating Transactions through the Company’s Platform. Without limiting any other available remedy in law or equity, you agree that Company may seek ex parte injunctive relief against you to prevent the threatened or actual breach without posting bond.

 

6. Trademarks. All trademarks, service marks, and logos displayed on the Company’s Platform (the "Trademarks") belong to the Company, its affiliates, or third parties. Nothing in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without express written permission. Except as expressly provided in this Agreement, any unauthorized use of the Trademarks is expressly prohibited.

 

7. Fees. In consideration for using Services, the Company charges Users on a monthly basis as agreed. All credit card charges are processed through a third party payment platform.

 

8. Usage Rules. The Company reserves the right to deny anyone access to the Company’s Services and Platform and to terminate any Account, for any reason, at its sole discretion. The Company also reserves the right to block transmission of, and/or remove any User Content, at any time, for any reason, and without prior notice. Use of the Company’s Services and Platform shall be governed by the following rules of conduct.

a) The terms and conditions listed herein govern use of the online services (the "Online Services") and materials ("Materials") available therein provided by the Company.
  1. The right to email, fax, download or make printouts using the commands of the Online Services and the right to create printouts of Materials accessed or downloaded by any other means (collectively "Authorized Printouts");
  2. With respect to Materials that are court cases, court rules, court briefs, agency issued documents, agency regulations or executive branch materials from the United States, its states, local governments, or territories (collectively "Authorized Legal Materials"), the right to download using the commands of the Online Services and store in machine readable form, primarily for that Authorized User’s exclusive use, copies of insubstantial portions of those Authorized Legal Materials included in any individually searchable file or content source in the Online Services to the extent the storage of those Authorized Legal Materials is not further limited or prohibited by the terms hereinafter stated. The storage may continue so long as the Authorized Legal Materials are needed for purposes contemplated under the Subscription Agreement;
  3. For the avoidance of doubt, downloading and storing Materials in an archival database is prohibited for all of the Online Services and the Materials that are protected by copyright, intellectual property laws, and other laws that prevent unauthorized access and use. If you are not an Authorized User, you are not permitted to access or use the Online Services for any purpose whatsoever. If you nevertheless access and use the Online Services or Materials without authorization, you will be liable to the Company for any breach of the General Terms and Conditions as well as for unauthorized access and payment for use at the rates in the applicable Price Schedule.
b) You may not exploit the goodwill of the Company, including its trademarks, service marks, or logos without express written consent. Additionally, under no circumstances may you or any Authorized User offer any part of the Online Services or Materials for commercial resale or commercial redistribution in any medium or use the Online Services or the Materials to compete with the Company.
c) All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and Materials in any medium belongs to the Company or its third party suppliers of Materials. Neither you nor your Authorized Users acquire any proprietary interest in the Online Services,
d) Neither you nor your Authorized Users may use the Online Services or Materials in any fashion that infringes the intellectual property rights or proprietary interests of the Company or any third party. Your use of the Online Services and Materials must comply with all applicable laws, rules or regulations.
e) Neither you nor your Authorized Users may remove or obscure the copyright notice or other notices contained in the Materials.
Neither you nor your Authorized Users may use information included in the Online Services or Materials to determine an individual consumer's eligibility for:
  1. Credit or insurance for personal, family, or household purposes;
  2. Credit or insurance for personal, family, or household purposes;
  3. Employment; or
  4. A government license or benefit.
  5. The term "consumer" is defined in the United States Fair Credit Reporting Act at 15 USC §1681.
g) Other provisions that govern use of the Materials are set forth in the the Online Privacy Statement, the Public Records Privacy Statement, online descriptions of files, online notice provisions, and individual documents retrieved from the Online Services (collectively the "Additional Terms"), all of which are incorporated by reference into the Subscription Agreement.

 

9. ACCESS TO SERVICES

Only your employees, temporary employees, students, partners/members, and contractors dedicated to performing work exclusively for you (to the extent those categories of persons are appropriate to your situation) are eligible to access and use the Online Services and Materials ("Eligible Persons"). Without limitation, external professional service providers such as attorneys, accountants, outsourcers and public relations firms are specifically excluded from being Eligible Persons. The term "Authorized User" means an Eligible Person whom you have identified to the Company for purposes of accessing Online Services and Materials. You agree that Company’s Online Services and Materials may only be used by an Authorized User, and may not be shared with or used by any other person, including other Authorized Users. You will manage your roster of Authorized Users and will promptly deactivate any Authorized User’s access use if the Authorized User is no longer an Eligible Person or you otherwise wish to terminate the Authorized User’s access to the Online Services. You are responsible for all use of the Online Services and Materials accessed by your Authorized Users, including associated charges, whether by Authorized Users or others. You will use reasonable commercial efforts to prevent unauthorized use by your Authorized Users and/or any unauthorized user and will promptly notify Company, in writing, if you suspect that your Authorized User, or any other person or entity, is misusing or compromising the use of the Online Services or Materials.

  1. Use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Unless otherwise agreed to by Company in writing, use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities.
  2. To comply with local privacy, data protection and other laws, each Authorized User is country specific and may not be used outside the country for which it is issued, except for short periods not to exceed 30 continuous days. If Company suspects use of its Online Services and Materials outside the country of issue for a period in excess of 30 continuous days, Company may suspend the Authorized User or require you to use and pay for the Authorized User for the relevant country. On request, will issue a geographically compliant use authorization.
  3. The Online Services, Materials and feature functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise changed by Company without notice.
  4. The Online Services may contain a feature that will allow your Authorized Users to upload information to the Company. This function is designed to allow your Authorized Users to save copies of Materials made available by the Company, as well as links to materials made available on the Internet or other documents that you or your Authorized Users’ own or otherwise have the right to upload. Company represents and warrants that:
    1. This uploaded information will be under the control of your Authorized Users; and
    2. Company will only access or otherwise utilize the content of this information in accordance with the Company Privacy Policy. Notwithstanding the foregoing, Company may access or disclose the content of the information to the extent necessary to facilitate the features and functions of the Online Services, to maintain, protect, improve, and enhance the overall quality of Company’s Online Services and Materials, and to comply with contractual and legal obligations including, but not limited to, an administrative or judicial proceeding. Authorized Users are solely responsible for the content of their respective uploaded information. You represent and warrant that the Authorized Users have the right and authority to upload any and all said information that is not provided by Company. Authorized Users are prohibited from uploading information that is defamatory, libelous, pornographic or obscene, unless such content is reasonably related to professional responsibilities. In addition, Authorized Users are strictly prohibited from uploading information that is unlawful or that is considered protected health information under the Health Accountability and Portability Protection Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You agree to indemnify, defend, and hold Company harmless for any and all claims, damages, costs, fines and expenses that Company may incur as a result of you or your Authorized Users’ use of any content uploaded excluding Company Materials. Authorized Users are solely responsible for securing or saving the content of their respective uploaded information before the expiration or termination of the Subscription Agreement, if desired. Company has no obligation to provide the information to you or your Authorized Users after the termination of the Subscription Agreement.

 

10. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

  1. A Covered Party as defined herein shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
    1. Any errors in or omissions from the Online Services or any Materials available or not included therein,
    2. The unavailability or interruption of the Online Services, any Materials or any features thereof,
    3. Your or an Authorized User’s use of the Online Services or Materials,
    4. The loss or corruption of any data or equipment in connection with the Online Services,
    5. The content, accuracy, or completeness of Materials, all regardless of whether you received assistance in the use of the Online Service from a Covered Party,
    6. Any delay or failure in performance beyond the reasonable control of a Covered Party, or
    7. Any content retrieved from the Internet even if retrieved or linked to from within the Online Services.
    8. "Covered Party" means:
      1. Company and any officer, director, employee, subcontractor, agent, successor, or assigns; and
      2. Each third party supplier of Materials, third party alliance entities, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or third party alliance entity or any of their affiliates.
  2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS OR THE SUBSCRIPTION AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
  3. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR AUTHORIZED USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO COMPANY OR ITS THIRD PARTY SUPPLIERS. These provisions shall constitute your sole and exclusive remedy for the respective matters specified therein or in connection with your use.
  4. EXCEPT AS HERETOFORE SPECIFICALLY STATED, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, AND COMPANY AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
    1. WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS;
    2. WARRANTIES THAT ACCESS TO THE ONLINE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE;
    3. WARRANTIES AS TO THE LIFE OF ANY URL OR THIRD PARTY WEB SERVICE; AND
    4. WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF COMPANY.
  5. BY ACCESSING, BROWSING, OR USING THE ONLINE SERVICES AND MATERIALS, YOU ACKNOWLEDGE THAT:
    1. PROVISION OF CONTENT AND SOFTWARE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA;
    2. THE SITE, THE ONLINE SERVICES AND MATERIALS MAY NOT SATISFY YOUR REQUIREMENTS NOT EXPRESSLY STATED IN THE SUBSCRIPTION AGREEMENT;
  6. IN NO EVENT SHALL COMPANY BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR:
    1. INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THE ONLINE SERVICES AND MATERIALS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE;
    2. ANY CLAIM RELATING IN ANY WAY TO YOUR INABILITY OR FAILURE TO PERFORM RESEARCH OR OTHER WORK OR TO PERFORM SUCH RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY COMPANY;
    3. ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE AVAILABILITY OF OR INFORMATION MADE AVAILABLE THROUGH COMPANY.

 

11. MISCELLANEOUS

These General Terms and Conditions may be changed from time to time as described herein or by written agreement. Charges and payment terms may be changed in accordance with the terms of your Price Schedule; all other provisions may be changed by Company immediately with or without notice to you. You may terminate the Subscription Agreement upon written notice to Company if any change to these General Terms and Conditions is unacceptable to you. For termination to be effective under this Section written notice of termination must be provided to Company within 30 days of the effective date of the change. Continued use of the Online Services and Materials following the effective date of any change constitutes acceptance of the change but does not affect the foregoing termination right. Except as provided herein, the Subscription Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore, the Subscription Agreement may not be supplemented, modified or otherwise revised by email exchange even if the email contains a printed name or signature line bearing signature-like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated.

  1. You or Company may terminate the Subscription Agreement upon the expiration of the Initial Period by clicking unsubscribe within your user settings. Company may temporarily suspend or discontinue providing access to the Online Services and Materials to any or all Authorized Users in breach of the Subscription Agreement without notice and Company may pursue any other legal remedies available to it.
  2. The failure of you, Company, or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
  3. Neither you nor any Authorized User may assign your rights or delegate your duties under the Subscription Agreement without the prior written consent of Company, which consent shall not be unreasonably withheld. The Subscription Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns.
  4. Company’s ability to provide the Online Services and Materials is regulated by a variety of privacy, data protection, and other laws in a variety of jurisdictions ("Data Laws") and by the licenses under which it obtains Materials ("Licenses").
  5. You will be solely liable for all claims that may arise from the unauthorized event caused by you, your Authorized Users or a User and you will indemnify Company for any third party claims directed against Company, that arise from the unauthorized event; and
    1. All notifications and indemnity claims related to the unauthorized event will be solely at your expense.
  6. The Subscription Agreement shall be governed by and construed in accordance with the laws of the State of California regardless of the law that might otherwise apply under applicable principles of conflicts of law. All parties consent to the state courts of California, located in Orange County, California as the appropriate jurisdiction and venue for any action arising out of or related to the interpretation and/or enforcement of the Subscription Agreement.
  7. The Subscription Agreement shall be enforced to the fullest extent permitted by applicable law. If any provision of the Subscription Agreement is held to be invalid or unenforceable to any extent, then:
    1. Such provision shall be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent, and
    2. Such invalidity or unenforceability shall not affect any other provision of the Subscription Agreement.
  8. Where applicable, each affiliated company of Company and each third party supplier of Materials has the right to assert and enforce the provisions of the Subscription Agreement directly on its own behalf as a third party beneficiary.
  9. The Subscription Agreement constitutes the entire agreement of the parties, its shareholders, officers, directors, employees and assigns with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter between the same.

 

13. No Review of Records. The Company does not and cannot review, nor is the Company responsible for, any record or legal document posted on the site. Further, due to the volume of legal documents offered by this Service, we cannot screen every legal document for completeness and accuracy and liability shall attach to the Company for inadequate, incomplete, or incorrect records or public records.

 

14. Data Back-up. We are not responsible for backing up your data or other type of data attributed to your use of the Company’s Platform. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL USER CONTENT. YOU EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST CONTENT, USER CONTENT, OR LOSS OF ANY INFORMATION PERTAINING TO YOUR USE OF THE PLATFORM.

 

15. Disclaimers.

  1. Geographic Disclaimer: The Company’s Platform is intended solely for users who are US residents. By your use of the Company’s Platform, you hereby acknowledge that you are a US resident. Additionally, if you elect to access and use the Company’s Platform and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.
  2. Disclaimer of Warranties. THIS COMPANY’S PLATFORM, THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF SUPPLIERIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THE COMPANY’S PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THE PLATFORM, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE PLATFORM OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. ALTHOUGH WE MAY UPDATE THE CONTENT ON THE PLATFORM FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

    BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

 

16. Indemnification. You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, and partners (the "The Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Unsolicited Information or User Content by you, or (b) your use of the Company’s Platform; and/or (c) your breach of the terms of these Terms of Service, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Company’s Platform using your account.

 

17. WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE COMPANY’S PLATFORM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE COMPANY’S PLATFORM.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE ONE-MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME THE LIABILITY AROSE, IF ANY. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS COMPANY’S PLATFORM OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR USER CONTENT OR LOSS OF YOUR PRODUCT ORDER INFORMATION, THAT AND DAMAGES OR LOSSESS YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE COMPANY’S PLATFORM, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE COMPANY’S PLATFORM, THE CONTENT, OR YOUR USER CONTENT WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THEN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.

 

18. User Representations. You represent and warrant that you are the age of majority in the state which you reside and that you possess the legal right and ability to enter these Terms of Service and to use the Service in accordance with these Terms of Service. If you are not of majority age, you cannot use these Services. You agree to be financially responsible for your use of the Company’s Platform (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms of Service.

 

19. Notice. The Company may deliver notice to you under these Terms of Service by email at [email protected]