Terms of Use

Effective Date:

January 1, 2015

Introduction

The following Terms and Conditions (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and HowToGetCreative.com (“we”, “us”, “our”, “Company”, “The Company” or “The Website” ), concerning your access to and use of any content, services, features, products, or functionality which are not subject to a separate set of terms, available through this website and our associated sites including but not limited to the content present on this site.

Your access to and use of our Website is governed by these Terms and subject to all applicable laws. By accessing or using any part of our Website, you agree to these Terms, fully and without reservation. If you do not agree with all of these Terms, you are not authorized to use any part of our Website.

Please note: These Terms include an arbitration agreement and a waiver of class action rights. Please review them carefully as they affect your legal rights.

Acceptance of Terms

Your access to and use of The Website is governed by these Terms and Conditions (referred to as “Terms”). By accessing or using any part of The Website, you, as a visitor or user (“you,” “your”), agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from accessing or using The Website, and you must discontinue use immediately.

We may occasionally update or revise these Terms. When any changes are made, we will notify you either by email or by posting the updated Terms directly on The Website. Your continued use of The Website after any changes have been made signifies your acceptance of the revised Terms. We recommend that you regularly review the Terms to stay informed about any updates or changes.

Your use of The Website is also subject to our Privacy Policy, which outlines how we collect, use, and share information about you and your interactions with The Website. Please take the time to read our Privacy Policy to gain a clear understanding of our data practices and your rights.

Age Eligibility for Use and Access of The Website

The content and services provided on The Website are not intended for individuals under the age of 16. By accessing and using any part of The Website, you represent and warrant that you are at least 16 years old. If you are not yet 16, you are prohibited from accessing or using any part of The Website. Additionally, the purchase of any products or services from The Website is restricted to individuals who are at least 18 years of age or older.

Account Registration

When visiting The Website, you have the option to create a user account. By registering, you may gain access to a variety of benefits, such as a faster checkout experience and viewing your order history. While registration is not required to browse The Website, certain features, services, and benefits may only be accessible to registered users. It is your responsibility to maintain the confidentiality of your account information, including your password, and to restrict access to your devices. By doing so, you agree to accept responsibility for all activities that occur under your account credentials.

Purchasing Products from The Website

All purchases made through The Website are governed by our Terms of Sale, which outline our policies and procedures related to online transactions. This includes, but is not limited to, information on shipping, applicable taxes, returns and exchanges, gift card policies, and other related matters. Please review the Terms of Sale carefully before completing any purchase to ensure you understand and agree to the terms.

Ownership and Content

All content made available through HowToGetCreative.com (“The Website”) and/or its parent company, including but not limited to text, graphics, logos, images, audio clips, video, data, and other materials (collectively referred to as “Content”), is owned exclusively by HowToGetCreative and/or its parent company and its licensors. This content is protected by copyright, trademark, and other intellectual property laws. HowToGetCreative and/or its parent company and its licensors expressly reserve all rights not specifically granted to you under these Terms. Subject to your compliance with these Terms, you are granted a non-exclusive, non-transferable, limited right to access and use The Website and its Content for personal, non-commercial purposes only. Except as specifically noted in these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any Content from The Website without explicit, written consent from HowToGetCreative and/or its parent company.

Trademarks and Logos

The HowToGetCreative.com name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks owned and utilized by HowToGetCreative and/or its affiliates, licensors, or parent company. These trademarks are used to distinguish HowToGetCreative‘s brand and services from others. You are not permitted to use these marks without prior written consent from HowToGetCreative or its parent company.

The Website may also include references to third-party trademarks and service marks for identification purposes only. Such references do not imply any ownership of or affiliation with those third-party marks. You are prohibited from using or displaying any trademarks that are not owned by you without the express written permission of either HowToGetCreative and/or its parent company, or the rightful owner of the mark.

Media Use of Multimedia Files

HowToGetCreative and/or its parent company maintains a library of multimedia files available for educational and informational use by news media and students only. Any other use of these multimedia files, including for commercial, personal, or malicious purposes, is strictly prohibited. Multimedia files containing HowToGetCreative and/or its parent company trademarks may only be used as part of a published media or educational article or report specifically about HowToGetCreative and/or its parent company and its business activities. Under no circumstances should HowToGetCreative and/or its parent company trademarks be modified, animated, or distorted, and all uses must properly maintain the applicable “®” or “™” symbol where relevant.

Acceptable Use of The Website

By accessing The Website, you agree to adhere to these Terms and not to engage in any prohibited activities. You expressly agree that you will not, nor will you permit or encourage others to:

Use The Website or its Content in violation of any applicable laws, regulations, or ordinances.
Engage in any fraudulent activities on or through The Website.
Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit The Website or its Content for any commercial purposes without obtaining explicit, written consent from The Website.
Transmit, copy, or download any portion of The Website's Content for the benefit of any third party, including other merchants.
Use or attempt to use any software, tools, agents, robots, spiders, or other automated means for data mining, scraping, or navigating The Website.
Tamper with The Website or use, or attempt to use, any device, software, routine, or data that disrupts, interferes with, or attempts to interfere with the proper functioning of The Website or any of its activities.
Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of The Website.

Your compliance with these guidelines is essential to maintain the security, functionality, and integrity of The Website and its Content.

Accessibility

If you are having any trouble accessing these Terms and Conditions or The Website, please contact us here, Contact Us.

Privacy – Information about You and Your Visits to Our Website

All information we collect on our Website is subject to our Privacy Policy. By using this Website, you consent to all actions we take with your information in compliance with the Privacy Policy. You also acknowledge that internet transmissions are never completely private or secure and that any messages or information you send to The Website may be intercepted by others.

Accessing The Website

To access certain resources on our Website, such as contact forms, you may need to provide certain personal details or other information. It is a requirement that all the information you provide on The Website is accurate, current, and complete. If you have a subscription or account with us, you are responsible for maintaining the confidentiality of your account details, including any login credentials. You must accept responsibility for all activities that occur under your account and notify us immediately of any unauthorized access or security breaches you are aware of.

The company is not liable for any loss that you may incur if someone else uses your account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account. All information you provide, whether publicly posted or privately transmitted, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information in accordance with our Privacy Policy.

We reserve the right to modify or discontinue The Website content, services, or any part, at any time without notice. We are not liable if for any reason all or part of The Website is unavailable at any time or for any period. Occasionally, we may restrict access to certain parts of The Website, or the entire site, and may also offer subscriptions to premium content according to the terms specified at the time of subscription or free trial, payable on a monthly or annual basis as outlined.

Intellectual Property Rights

The Website and all its contents, features, and functionality (including but not limited to all information, software, metadata, text, displays, images, videos, and audio, as well as the design, selection, and arrangement thereof) are owned by The Company, its licensors, or other providers of such materials. These are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions grant you permission to use The Website for your personal, non-commercial use only. Without prior written consent from the Company, you are not permitted to:

Reproduce, duplicate, distribute, modify, create derivative works from, publicly display, publicly perform, or republish any of the materials from our Website.
Modify copies of any materials from The Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Access or use for any commercial purposes any part of The Website or any services or materials available through The Website.

If you wish to use material from the Website beyond the scope of this agreement, please send your request to our Support Ticket system. Any approved use of material must include a proper attribution line such as “Copyrighted material courtesy of HowToGetCreative.com ” or as specified in the permission grant.

If you print, copy, modify, or otherwise use or provide any other person with access to any part of The Website in breach of the Terms and Conditions, your right to use The Website will terminate immediately. You must, at our discretion, return or destroy any copies of the materials you have made. No right, title, or interest in or to The Website or any content on The Website is transferred to you, and all rights not expressly granted are reserved by The Company. Any unauthorized use of The Website is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Copyright Infringement

If you believe that any content on The Website infringes upon your copyright, please provide us with the following information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

Authorized Signature: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Description of the Copyrighted Work: A description of the copyrighted work that you claim has been infringed.
Location of the Infringing Material: A description of where the material that you claim is infringing is located on The Website.
Statement of Unauthorized Use: A statement by you, under good faith, that the disputed use is not authorized by the copyright owner, its agent, or the law.
Contact Information: Your name, address, telephone number, and email address (if available).
Statement of Accuracy: A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Companie's designated copyright agent for notice of claims of copyright infringement can be reached here, Contact Us.

OUR POLICY ON INFRINGING ARTICLES OBTAINED THROUGH THIS SERVER

It is our policy to fully comply with the terms of the DMCA and to remove any article which we are notified infringes upon the copyrights of any party. We do not knowingly place any infringing items on our servers.

Furthermore, it is our policy to, at our discretion, terminate the accounts of any subscriber to our services who knowingly infringes upon the copyrights of others.

REPEAT OFFENDERS POLICY

Furthermore, it is our policy, to terminate the accounts of any subscriber to our services who knowingly infringes upon the copyrights of others, as a repeat offender.

HOW WE PROCESS NOTICE THAT WE RECEIVE

It is our policy to follow the terms of the DMCA. Upon receipt of a notice that “substantially complies” with the contents that are proscribed by the DMCA, we will take action to remove or disable the material that is claimed to be infringing.

We will contemporaneously notify the party responsible for such material that we have received our notification. This notification will include a statement that this party has the right to give us a counter notification which complies with the requirements of the DMCA.

If we receive a counter notification from the party responsible for the allegedly infringing content, we will notify you that we shall replace the removed or disabled material in 10 business days unless you notify us that you have commenced court action against the allegedly infringing party within that 10 day period.

If you file court action, the allegedly infringing materials will remain disabled until an order of the court determines the matter.

YOUR FURTHER RIGHTS

For a complete description of the rights that you have under the DMCA and the procedure that we will follow, we refer you to the full text of the DMCA. Nothing in these policies is intended to supplant the requirements and procedures contained in the DMCA. If there is conflict between these policies and the terms of the DMCA, the terms and requirements of the DMCA shall control.

Summary of Digital Millennium Act From the Copyright Office

http://www.loc.gov/copyright/legislation/dmca.pdf

Prohibited Uses

You are only permitted to use The Website for lawful purposes and in accordance with these Terms and Conditions. You agree not to use The Website:

In any way that violates any applicable federal, state, local, or international law or regulation.
To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate HowToGetCreative.com , a company employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the aforementioned).
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of The Website, or which, as determined by us, may harm the Company or users of The Website or expose them to liability.

Additionally, you agree not to:

Use The Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of The Website, including their ability to engage in real time activities through The Website.
Use any robot, spider, or other automatic device, process, or means to access The Website for any purpose, including monitoring or copying any of the material on The Website.
Use any manual process to monitor or copy any of the material on The Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of The Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of The Website, the server on which The Website is stored, or any server, computer, or database connected to the Website.
Attack The Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of The Website.

AI Use

Content on HowToGetCreative.com is not permitted to be used, reproduced, or downloaded for the development, training, or operation of artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), including but not limited to translation services. Users, including third parties accessing the site through automated systems, are prohibited from using any content for Artificial Intelligence Purposes without explicit and direct permission from us. This also applies to sublicensing or instructing others to use website content for training AI technologies to generate text, audio, or video. Violations of these provisions will be considered a breach of our Terms and Conditions.

Reliance on Information Posted

The information presented on HowToGetCreative.com is for general informational purposes only and is provided on an “as is” basis. We do not guarantee the accuracy, completeness, or usefulness of this information, and relying on it is solely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to The Website, or by anyone who may be informed of any of its contents.

Content on The Website may include materials provided by third parties. All opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by The Company, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any third-party materials.

Payment Processing

The Company may allow visitors to make credit card payments for certain services and merchandise through selected third-party payment processing services. Customers must provide all required payment details and may be redirected to the third-party processor's website to complete their purchases.

All credit card transactions on our site are processed in a secure online gateway that encrypts your credit card details in a secure host environment. We do not have access to or store your credit card information on our systems.

You must ensure that any payment information you provide is from a credit card account that is yours, or for which you have been authorized to use. All transactions are subject to validation and authorization by the card issuer. If the issuer of your payment card refuses authorization, we are not liable for any non-delivery of services or merchandise.

Linking to The Website and Social Media Features

You are welcome to establish a hyperlink to HowToGetCreative.com, provided that you do so fairly and legally, without harming our reputation or misrepresenting any form of association, approval, or endorsement from HowToGetCreative without prior written consent.

HowToGetCreative.com also provides certain social media features that allow you to:

Link from your own or certain third-party websites to specific content on The Website.
Send emails or other communications with specific content, or links to specific content, on The Website.
Cause limited portions of content from The Website to appear on your own or certain third-party websites.

You may use these features as provided and in accordance with any terms we specify. However, you must not:

Establish a link from any website that you do not own.
Frame or in-line link any content or components of HowToGetCreative.com, nor incorporate any intellectual property from The Website into another site or service, without express written consent from HowToGetCreative.
Cause The Website or portions thereof to be displayed on another site through framing, deep linking, or in-line linking.
Engage in any actions with the content on The Website that contradict the terms outlined in these Terms and Conditions.

The website from which you are linking, or on which you make content accessible, must fully comply with the content standards outlined in these Terms and Conditions.

If you wish to request permission to frame any content on The Website or create an in-line link, please contact us directly. We reserve the right to require your cooperation to immediately cease any unauthorized framing or linking. HowToGetCreative also reserves the right to withdraw linking permission or disable social media features and any links at any time without notice.

Links to and from Third-Party Websites

HowToGetCreative.com may contain links, advertisements, or widgets that allow access or interaction with third-party websites, including social media platforms. These links are provided for your convenience and to facilitate engagement with external content. However, please note that when you interact with a third-party website or service via a link on HowToGetCreative.com, you are engaging directly with that third party, not with HowToGetCreative.

We do not control the content or resources of any third-party sites, nor do we take responsibility for their content, links, updates, or any changes made to them. The inclusion of any link, advertisement, or widget on HowToGetCreative.com does not imply endorsement of the third-party site or its products, services, or other materials by HowToGetCreative or its licensors.

As such, HowToGetCreative is not responsible for the privacy practices of these third-party websites, or for any data or information you choose to share with them. We make no express or implied warranties regarding the content, products, or services of any third-party website. If you choose to access any external sites linked from HowToGetCreative.com, you do so at your own risk and are subject to the terms and conditions of those sites.

Therefore, we strongly encourage you to be cautious when leaving HowToGetCreative.com and to review the privacy policies and terms of use of any third-party site you visit.

Submissions

You are solely responsible for any information, content, or material that you submit to The Website. By using The Website, you agree not to submit or transmit any material that is defamatory, abusive, obscene, threatening, illegal, or otherwise infringes on the rights of others (including intellectual property rights) or interferes with their ability to enjoy The Website. The Website reserves the right, but does not assume any obligation, to monitor, delete, move, or edit any submissions that come to our attention if deemed unacceptable or inappropriate for legal or other reasons. We will comply with all legal requirements regarding the disclosure of submissions, including providing information to law enforcement or in response to civil legal requests.

By submitting or posting content on The Website, you grant The Website and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content on The Website and across other platforms.

Changes to The Website and Termination

The Website retains the right to modify, suspend, or terminate any aspect of The Website at its sole discretion, whether temporarily or permanently, and without notice or liability to you. Additionally, The Website reserves the right to restrict, suspend, or terminate your access to The Website at any time and for any reason, without prior notice or liability.

Errors, Inaccuracies, and Availability

While we strive to display product images and other content on The Website as accurately as possible, The Website cannot guarantee that the colors or images you see will exactly match the actual product, as the display depends partly on the device or monitor you are using. Additionally, prices and product availability on The Website are subject to change without notice and may differ from those in physical store locations.

Although The Website makes every effort to ensure that all information on The Website is accurate and up-to-date, occasional errors, omissions, or inaccuracies may occur. We reserve the right to correct any such errors, update information, and make changes to The Website at any time without notice or liability to you.

Eligibility

You must be at least 16 years old to use The Website. By agreeing to these Terms and Conditions, you represent and warrant that you are at least 16 years old, and that your use of The Website complies with all applicable laws and regulations. If you are younger than 16 years old, you must obtain parental consent before providing any information through The Website.

Children accessing The Website should do so with the permission and assistance of a parent or legal guardian. If you allow a minor child or a child for whom you are the legal guardian, to access the site, you are responsible for the minor's online conduct, monitoring their access to and use of The Website, and the consequences of any usage.

User Contributions

The Company may include interactive features like message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other similar services (“Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials (“User Contributions”) on or through The Website.

All User Contributions must adhere to the Content Standards outlined in these Terms and Conditions.

User Contributions you post will be treated as non-confidential and non-proprietary. By posting User Contributions on The Website, you grant us and our affiliates, service providers, and respective licensees the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your account settings.

We reserve the right to refuse, alter, or remove User Contributions without notice for any reason at our discretion, including if we believe the contribution may violate these Terms and Conditions or is otherwise objectionable. We may, but have no obligation to, monitor, review, screen, post, remove, reject, modify, and store all User Contributions at any time and for any reason, without notice, to ensure compliance with these Terms and Conditions. We do not endorse any User Contributions, and they do not reflect our opinions, views, or advice. You are solely responsible for your User Contributions and the consequences of posting them. We act as a passive conduit for your online distribution and publication of User Contributions and assume no liability for any User Contributions posted by you or any other user.

Additionally, we are not responsible for, and assume no liability for, any action or inaction regarding transmissions, communications, or content provided by any user. We do not undertake to review material before it is posted on The Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Content Standards

These content standards apply to all User Contributions and use of Interactive Services. Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any intellectual property or other rights of any person.
Violate the legal rights (including rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability under applicable laws.
Be likely to deceive any person or promote illegal activities.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising without our prior written consent.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

By posting User Contributions, you represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above. You also represent and warrant that all your User Contributions do and will comply with these Terms and Conditions.

Monitoring and Enforcement; Termination

We reserve the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate, including if we believe that such User Contribution violates the Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of The Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of The WEBSITE.
Terminate or suspend your access to all or part of The WEBSITE for any or no reason, including without limitation, any violation of these Terms and Conditions.

While we reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through The WEBSITE, we do not undertake to review all material before it is posted on The WEBSITE and cannot ensure prompt removal of objectionable material after it has been posted.

No Ideas Accepted

We do not accept any unsolicited ideas about The WEBSITE from outside the Company, including suggestions about advertising, promotions, merchandising of products, additions to our services, or changes in methods of doing business. Any unsolicited ideas submitted to us are not submitted in confidence and we assume no obligation, expressed or implied, by considering it. By submitting an idea, you understand that we may already be working on a similar idea, and you irrevocably assign all rights to the idea to us. If necessary, you also grant us a perpetual, worldwide license to use the idea in any manner we see fit.

Disclaimer of Warranties

You acknowledge that we cannot guarantee or warrant that files available for downloading from the internet or this website will be free of viruses or other destructive code. You are responsible for implementing adequate procedures and checkpoints to meet your specific needs for anti-virus protection and data accuracy, and for maintaining external means for the reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

FURTHERMORE, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The use of The Website is provided on an “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” basis. You agree that any use of and reliance upon The Website (including all information, content, and materials contained within it) is at your own risk. To the fullest extent permitted by applicable law, we make no warranties of any kind and specifically disclaim all representations or warranties, whether express, implied, statutory, or otherwise. This includes, but is not limited to:

Any warranty that access to The Website will be uninterrupted, error-free, or free from harmful components.
Any assurance that any content you upload to The Website will remain secure or will not be lost or damaged.
Any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or any warranties arising from the course of performance, course of dealing, or usage of trade.

Please note that some jurisdictions do not permit the exclusion of certain warranties; as a result, these exclusions may not apply to you, but only to the extent prohibited by applicable law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, PROGRAMS, DATA, BUSINESS, REVENUE, GOODWILL, PROFITS, OR OTHER ECONOMIC ADVANTAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, MODIFICATION, COPYING, DOWNLOADING, OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE WEBSITE, OR FOR ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED OR PURCHASED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY AND/OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY ’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR SERVICES, PRODUCTS, OR ANY ACTIVITY RELATED TO THE USE OF THE WEBSITE OR $100 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL THE COMPANY AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, AGENTS, SUCCESSORS, OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA, OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

THE COMPANY MAKES NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE WEBSITE FROM TERRITORIES WHERE THEIR CONTENT OR SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

To the fullest extent permitted by law, in no event will we, our subsidiaries, affiliates, officers, employees, agents, suppliers, or licensors be liable for any direct, indirect, consequential, incidental, special, punitive, or exemplary damages (including, without limitation, damages for lost profits, revenue, goodwill, use, or content), however caused, under any theory of liability, including, without limitation, contract, tort, warranty, negligence, or otherwise, even if we have been advised in advance of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our maximum aggregate liability and that of our affiliates, officers, employees, agents, suppliers, or licensors to you for any cause of action whatsoever, regardless of the form of action, will be limited to fifty U.S. dollars ($50.00). This limitation of liability shall apply regardless of the failure of the essential purpose of any other remedy.

The parties agree that the above provisions fairly allocate the risk between the parties, without which they would not have entered into these Terms. Please note that some jurisdictions do not allow the limitation or exclusion of liability in contracts with consumers. Therefore, this limitation or exclusion may not apply to you, but only to the extent prohibited by applicable law.

Indemnification

Unless prohibited by applicable law, you agree to indemnify, defend, and hold harmless The Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of The Website, including, but not limited to, your User Contributions, any use of The Website’s content, services, and functionality other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from The Website.

You agree to indemnify and hold harmless us, our subsidiaries, affiliates, subcontractors, suppliers, partners, and all of their respective officers, directors, employees, agents, and licensors against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including all associated costs, expenses, and reasonable attorneys’ fees) arising out of or related to your actual or alleged breach of these Terms or your unauthorized access to or use of The Website.

Changes to The Website and These Terms and Conditions

All information on The Website is subject to change without notice. Any material on The Website may be outdated at any given time, and we are under no obligation to update such material. Additionally, we may revise these Terms and Conditions at any time at our sole discretion. Changes are effective immediately upon posting. We will notify such changes by updating the postings on The Website. It is your responsibility to check The Website regularly for changes, as they are binding on you. Your continued access to The Website after such changes constitutes your acceptance of those changes.

Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions. In such cases, the affected provision shall be modified or interpreted to accomplish the objectives of such invalid or unenforceable provision within the bounds of applicable law or court decisions.

Waiver; Remedies

The failure of The Company to exercise any rights or the waiver of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by The Company or be deemed a waiver by The Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of The Company under these Terms and Conditions and any other agreement between you and The Company shall be cumulative, and the exercise of any such right or remedy shall not limit The Company’s right to exercise any other right or remedy.

Governing Law; Dispute Resolution; Arbitration

These Terms and Conditions shall be governed by the laws of Missouri. While we will make reasonable efforts to resolve any disagreements you may have with The Company, if these efforts fail, you agree that all claims, disputes, or controversies against The Company arising out of these Terms and Conditions, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court). This includes Claims based on any legal theory including contract, tort, fraud, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, or otherwise; and Claims made independently or with other claims. The party initiating arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend shall be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then-current residential address, or at another place mutually agreed upon in writing, and the arbitrator shall apply California law consistent with the Federal Arbitration Act.

Arbitration Details:

You SHALL NOT join or consolidate claims in arbitration by or against other users.
You SHALL NOT arbitrate any claim as a representative or member of a class or in a private attorney general capacity.
The American Arbitration Association's current rules and procedures can be found at their website: American Arbitration Association

A neutral arbitrator will resolve Claims. The arbitrator will be a lawyer with at least ten years’ experience or a retired judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association that are in effect on the date the arbitration is filed. The arbitrator will take reasonable steps to protect confidential information. Each party to the arbitration will bear the expense of their attorneys, experts, witnesses, and other expenses, regardless of which party prevails, but a party may recover expenses from another party if the arbitrator determines it appropriate.

We will not choose to arbitrate any Claim you bring in small claims court, unless the court determines it outside its jurisdiction, then the dispute shall be submitted to arbitration.

Jurisdiction

The Company is operated from the United States, and all servers that make it available reside in the United States and possibly other jurisdictions. The laws of other countries regarding the access and use of websites may differ from those in the United States. We do not represent that The Websites are appropriate or available for use outside of the United States, and accessing them from territories where their contents are illegal is prohibited. You are responsible for compliance with all local laws if you access The Websites from outside the U.S.

Miscellaneous

These Terms, including any policies and information linked from or incorporated into them, constitute the entire agreement between you and us with respect to The Website and supersede all prior or contemporaneous communications, agreements, and proposals regarding The Website. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms, in whole or in part, at any time.

Our failure to enforce any provisions of these Terms or to exercise any rights or remedies under these Terms will not be interpreted as a waiver or relinquishment of our right to assert or rely upon such provisions, rights, or remedies in that or any other instance. If any provision of these Terms is deemed invalid, illegal, or unenforceable, that provision shall be construed as closely as possible to reflect the original intentions of the parties in accordance with applicable law, and the remaining provisions will remain in full force and effect.

Questions

Should you have any questions regarding these Terms and Conditions, you may contact us here, Contact Us.

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