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Privacy Policy and Terms & Conditions
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Privacy Policy | Terms & Conditions

PRIVACY POLICY

This is the official privacy policy ("Privacy Policy”) of thinkLA.org that governs our use of the personally identifiable information ("Personal Information”) you submit via our Website and does not cover any other information, whether collected in any other manner or for any other purpose, nor on any other website or service unless specifically stated. Any terms not defined in this Privacy Policy have the meanings set forth in the Terms of Use. Our Privacy Policy does not supersede the Terms of Use that govern your use of our Website, but supplements its terms and conditions and is incorporated herein by reference. Any conflict between the two shall be determined in favor of the Terms of Use.


1. OVERVIEW

When we use the term "Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, mobile device number, telephone number, email address, and any other information that would allow someone to identify you or contact you. We will not use any of your Personal Information for any purpose other than as set forth herein, or as set forth in the Terms of Use, unless we provide advance notice to you of any other such use. We will not share your Personal Information with any non-affiliated parties without your consent. However, we may share your Personal Information with our operational service providers that assist in delivering the Services to you.

Our privacy standards are designed to ensure that we will:

  • collect and use only the minimum necessary Personal Information required for us to deliver the Website, to administer our business and to let you know of products and services that are available;
  • protect your Personal Information, maintaining strict standards of security and confidentiality;
  • not disclose your Personal Information to any external organization unless we have previously notified you and obtained your consent;
  • require any other organization that we retain or engage to provide support services for us to conform to our privacy standards; and
  • make every effort to keep your Personal Information complete, up to date, and accurate.

You can visit our Website and learn about thinkLA, our services, and find out how to contact us without submitting any Information via our Website.
Keeping your Personal Information secure and ensuring your understanding of how we use and maintain your Personal Information is important to us. thinkLA maintains physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.

 

2. CALIFORNIA PRIVACY RIGHTS

Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California, a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an "opt-out” or "opt-in” choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

If you are a California resident and request information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent to via email to info@thinkla.org or via phone at 310-823-7320.

 

3. COLLECTION AND USE OF PERSONAL INFORMATION

We collect information about you when you visit our Website and access the Services, whether during the course of entering, initiating, fulfilling and transmitting Personal Information or otherwise in connection with your general activities, transactions and/or use of our Services. We may use your Personal Information to tailor your experience of our Services and our Website, to display content we think may be of interest you, or to let us customize what you see when you visit the Website according to your preferences.

Your Personal Information and any data, personal or otherwise, that you disclose and which may be saved is used to administer our business and the Services in a manner consistent with all applicable laws, rules, regulations and other legal obligations. We may from time to time, transfer or merge your Personal Information to our off-line databases and/or store such Personal Information in an electronic format as well as combine your Personal Information with information available from other sources.

Sometimes we may use your Personal Information to advise you of products or services that may be available through thinkLA or its affiliates. You may choose to "opt-out” of receiving marketing and promotional emails from us by sending us an email to info@thinkla.org. However, we may ALWAYS contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of products or services you indicated an interest in or other transactions you have initiated in connection with our Services.

If you register for a thinkLA event, conference or product online/offline, or e-mail or otherwise contact us with a request or comment, we may use any information provided (including your e-mail, postal, or telephone information) to update already existing databases.

Registration for events or other information provided may be retained in our databases and used as described below.

  • Information provided will be added to our contact database to be used for current events announcements, membership drives or general thinkLA news and updates. You may request that your information not be retained or utilized by thinkLA however please note if you choose to "opt out” of our database you will not receive any correspondence about thinkLA via email or mail, including confirmation email for events.
  • Registration information also becomes part of an "attendee list" which may be provided to our sponsors for various events. General "attendee lists” provided to sponsors include the attendee’s Name and Company. For various events the attendee’s Email Address will also be provided. You may request that your information not be retained or utilized by thinkLA by notifying us at info@thinkLA.org.

thinkLA compiles lists from our database for communications and marketing purposes. Under no circumstances will thinkLA furnish or distribute personally identifying information to outside organizations, entities or companies without a user's consent.

thinkLA's active member contact information will be published in the "thinkLA Online Membership Directory” available at www.thinkLA.org.

Active members will have access to the "thinkLA Online Membership Directory” by using a username and password which is either created by the member at the time of membership registration or provided by thinkLA management office once a membership application is processed. Members may choose to request that their information not be published on the "thinkLA Online Membership Directory” by updating their membership profile preferences or by notifying us at info@thinkLA.org.

An active member is defined as a member who has paid full membership (individual or corporate) dues and their application has been processed by the thinkLA management office.

Credit card transactions are processed using SSL data encryption.

 

4. SUBMISSION OF PERSONAL INFORMATION

You are required to provide true, current, complete and accurate Personal Information and we have the right to refuse or revoke your right to use our Services and/or reject and delete any entry you make if we have reason to believe that the Personal Information you provide to us is or may be false, fraudulent, or inconsistent with this Privacy Policy. If you are submitting Personal Information on behalf of others in your business for registration purposes or otherwise, you represent that you have their permission, agreement and full authorization to provide this Personal Information to us for these purposes. We reserve the right to ask you to provide evidence of that at any time during, or even after, the submission process or to contact those individuals to confirm this at any time. If we determine that such authorization has not been properly obtained, we may immediately and without notice, discontinue your use of those features of our Services.

 

5. DISCLOSURE TO THIRD PARTIES

Although your privacy is very important to us, in this legal and technical environment, we cannot fully ensure that your Personal Information will not be disclosed to third parties. For example, we may be compelled to disclose your Personal Information to a governmental agency or a court; or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we may (and you authorize us to do so) disclose any of your Personal Information to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries or to protect our own business and assets. In such circumstances, we will, where possible, require such third parties to maintain the confidentiality of any information so disclosed.

If you request information, a product, or have a complaint and we are unable to respond, your request/complaint may be forwarded to a third party whom we believe can adequately respond. Your request/complaint will be forwarded along with any email, postal, or telephone information you have provided us. thinkLA is not responsible for the privacy policy of the third party to whom we forward your request/complaint. We will not forward your request if you ask that we not do so.

 

6. LINKS TO THIRD PARTY WEBSITES

Our Website may contain links to websites and services owned or maintained by third parties. We are not responsible for and have no control over the privacy and data collection policies and practices implemented by such third parties, some of which may be substantially different from our corresponding policies and practices. thinkLA has no obligation and is not liable for the treatment or maintenance of any information, content, data or materials transmitted, distributed or otherwise provided by you via any such third party websites or services. It is your sole responsibility to review their respective policies and practices and determine whether the same are adequate.

 

7. COOKIES AND SIMILAR TECHNOLOGY

Your Internet browser has a feature called "cookies.” A cookie is a small piece of information that is stored in your browser by a web server. Cookies can only be read by the website that placed the cookie on the hard drive of your PC. However, cookies tell us nothing about who you are unless you specifically give us Personal Information. You do not need to have cookies turned on to visit our Website, although active participation in certain areas of our Website may require cookies. In addition, you may elect not to allow cookies to be collected by selecting certain options on your browser.

We may use permanent cookies that allow us to provide you with personalized features such as "remember me”. The "remember me” feature is an automatic login process which creates a cookie on the hard drive of your PC that contains your IDs, thereby avoiding the need to enter your IDs upon subsequent visits to our Website. In order to use this feature, you must set your browser's preferences to allow permanent cookies. We will not use the "remember me” feature unless you indicate your desire to take advantage of this feature via our Website. You will still be able to use our Website if you choose to block permanent cookies.

We may also use temporary cookies (a.k.a. "per-session cookies") to improve the functionality and usability of our Website. These temporary cookies are permanently erased from your computer as soon as you log out of your session on our Website or link to a different website from your parent browser window.

 

8. MODIFICATION

We have the right to revise this Privacy Policy at any time and from time to time by posting an updated version, without advance notice to you. The revisions shall be effective immediately upon posting. We encourage you to check this Privacy Policy often so that you are aware of the most current terms and conditions that apply to you. We may also, at our discretion, email you about these changes. Your continued use of our Website indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, maintenance, management and storage of your Personal Information, as described. This Privacy Policy remains applicable to your Personal Information for as long as your Personal Information is in our possession, even if you terminate or discontinue your use of our Services.

 

9. QUESTIONS

If you have any questions concerning our Privacy Policy, what information about you we collect and use, or if you do not understand any of the terms or disclosures noted above, you may contact us at info@thinkla.org or via phone at 310-823-7320.

 

10. SOLE STATEMENT

The foregoing statements, terms and conditions contained in this Privacy Policy is the sole statement of our privacy policy, and no summary, restatement or other version, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.

YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS PRIVACY POLICY AND AGREE TO BE BOUND BY AND FULLY COMPLY WITH ALL THE TERMS AND CONDITIONS.

For ease of reference these Terms of Use can be reviewed at any time at www.thinkla.org/about/terms; and our Privacy Policy can be reviewed at any time at www.thinkla.org/about/privacy.

This Privacy Policy was last modified on December 6, 2006 and is effective immediately.

 


TERMS & CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY CONTAIN THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF OUR SERVICES AND CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.

BY CLICKING ON THE "I ACCEPT” BUTTON OR BY ACCESSING OR USING THE SERVICES IN ANY MANNER WHATSOEVER, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO, SHALL ABIDE BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE. WHENEVER YOU USE OR ATTEMPT TO USE ANY FEATURE OR FUNCTION OF OUR SERVICES, EVEN IF YOU STOP USING OTHER FEATURES OR FUNCTIONS OF OUR SERVICES, YOU WILL STILL BE BOUND BY AND REQUIRED TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE THAT APPLY TO YOU.

These are the terms and conditions that constitute the official terms of use ("Terms of Use”) between you ("you” or "your”) and thinkLA ("thinkLA”, "we”, "our” or "us”) that apply to your use of our Website and the available services, features and functions (as more fully described herein) that are offered and made available on, through or using our Website (the "Services”). The terms "you” and "your” as used herein refer collectively to you individually and the company, firm or enterprise (together with its Authorized Users as the context requires) receiving access to the Services hereunder and on whose behalf a duly authorized officer has successfully completed the registration process (as set forth below). The terms "Website” or "Websites” mean and include the primary thinkLA website on the World Wide Web, currently located at http://www.thinkLA.org, as well as any and all equivalent, mirror, replacement, substitute or backup websites and all web pages contained therein.

When you use or take advantage of any features or functions of our Services or participate or engage in activities or transactions we make available in connection with our Services you are also confirming your agreement to be bound by and comply with any and all additional terms and conditions that we indicate apply to you in doing or attempting to do those things (referred to individually and collectively, as "Additional Terms”). Such Additional Terms that apply to you, as well as our Privacy Policy, are all part of these Terms of Use and form a part of your agreement with us regarding your use of and access to the Services.

The words "use" or "using" means any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Website or the Services, transmit, receive or exchange data or communicate with the Website or the Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Website or the Services, for any purpose whatsoever. Anyone using our Services, including you, may also be referred to as a "user.”


1. SERVICES

thinkLA is a non-profit corporation, founded to promote Los Angeles as a leading center of creativity and innovation in media, marketing and advertising. Through our Website we offer users access to sign up for our newsletter as well as networking, educational, social and charitable events to promote the constituents of the marketing and media industry including entertainment and production companies, advertising and marketing agencies, and supplier industries serving the community. We also offer services to new and existing Members (as defined below) of thinkLA.

 

2. REGISTRATION / USER IDs AND PASSWORDS

Because some aspects of the Services are not generally available to the public, you will be required to create a unique user ID and password to gain access to such features. We may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access the Services. Your user ID, password, and any additional codes or passwords used to access our Services are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances.

You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate any IDs due to security concerns. You hereby acknowledge and agree that you are solely responsible for all activities, acts and omissions, and transactions that occur in, from, through or under your Membership or IDs.

 

3. THINKLA MEMBERSHIP

Users also have the opportunity to register as members ("Members”) of thinkLA. Membership to thinkLA is open to individual professionals working in advertising, marketing, public relations, media, production services and advertising related fields, and to companies who support thinkLA's commitment to the advertising industry and want to offer their employees the opportunity to be involved in the community on a corporate basis (collectively, "Membership”). Please visit the "Membership” section of our Website to review the features and benefits associated with each type of Membership. Corporate Members are able to register additional "key employees” who will each require unique IDs to access the Services (each, an "Authorized User”). All Members acknowledge, understand and agree that we will rely on your list of Authorized Users (and any updates and notifications we receive from you in accordance with the terms of these Terms of Use) to enable your Authorized Users to access and use the Services. For the avoidance of doubt, any reference to "your IDs” within these Terms of Use includes the IDs of your Authorized Users. It is your sole and exclusive responsibility to ensure that each Authorized User has the requisite authority, permissions and entitlements ("Authority”) necessary to access and use the Services. We have no obligation to validate any such Authority and you agree that we shall not be liable for any transactions executed or information or content provided via the Services in violation of any such Authority. We reserve the right to approve or reject, at any time, at our sole discretion, the registration of any new Member, or the attempted renewal of any existing Membership.

All active Members will have access to a membership directory ("Membership Directory”), which lists all Member names and any other Member-identifying information that we deem appropriate to include in furtherance of making such Membership Directory available via the Services.

Prior to the expiration of the then-current Membership period, an email will be sent to each Member alerting them of such expiration, at which time the Member will have the option to terminate their Membership or continue their Membership for the upcoming renewal period by paying the applicable Membership fee.

 

4. THINKLA EVENT & NEWSLETTER REGISTRATION

User may register to participate in various events and/or to receive our newsletter. If you register for any thinkLA event, conference or product, or e-mail or otherwise contact us with a request or comment in connection with the Services, we may use any information you provide (including your e-mail, postal, or telephone information) to update our existing databases. Registration for events or other information provided may be retained in our on-line and off-line databases and used as described below.

Information provided will be added to our contact database to be used for current events announcements, Membership drives or general thinkLA news and updates, as well as for communication and marketing purposes. You may request that your information not be retained or utilized by thinkLA by "opting-out”. Please note if you choose to "opt- out” your information will not be included within our database and you will not receive any correspondence about thinkLA via email or mail including confirmation emails for events.

When you register for an event the information you provide also becomes part of an "attendee list" which is provided to our sponsors for various events. General attendee lists provided to sponsors include the attendees name and company. For various events the attendees’ email addresses will also be provided. You may request that such information not be retained or utilized by thinkLA by notifying us at info@thinkLA.org.

 

5. USER INFORMATION

Our ability to provide certain aspects of the Services to you is dependent upon our collection, aggregation and distribution of the information we receive from you, including, without limitation (i) your company’s name, address, telephone number(s), email addresses, and any other data that identifies your business, and any other information you disclose to us in connection with your use of the Services (collectively, the "User Information”). Therefore, you hereby grant thinkLA a world-wide, perpetual, royalty-free right and license to use, collect, display and distribute the User Information for purposes of providing the Services (unless you "opt-out” as otherwise set forth in these Terms of Use). Further, all Members hereby grant thinkLA a world-wide, royalty-free right and license to publish the Membership Directory.

You represent, warrant and covenant to us that you have full authority to disclose the User Information to thinkLA, any and all User Information and any other information or data you provide to us in connection with your use of the Services, is and will be, true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent material facts or information, and that you will promptly submit corrected or updated information via the Services, or otherwise advise us promptly in writing of any such changes or updates to any information you’ve provided to us. You further consent and authorize us to verify your User Information as required for use and access to the Services, as applicable.

 

6. MODIFICATIONS

We have the right, any time and from time to time, for any reason in our discretion, to change these Terms of Use, including the Privacy Policy and any Additional Terms that apply to our Services. We will post notices of material changes on our Website and we may also send you an email about any changes that pertain to specific offerings of products or services. Once we post such changes, they become effective immediately. Your use of the Services after any such changes become effective constitutes your acceptance of such changes. Please check frequently and review these Terms of Use so you are aware of the most current terms and conditions of your agreement with us. We also reserve the right, any time and from time to time, in our discretion, to modify, suspend or discontinue all or any portions of our Services without notice and without liability to you or any other party. If any new products or services become available, they will be considered a part of the Services and your use of them will be governed by these Terms of Use unless we notify you otherwise.

 

7. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY

"Content” refers to all content, data, information, databases, other proprietary information and materials and all copyrightable or otherwise legally protectible elements of our Services, including, without limitation, User Information as well as all copyright and other rights in marks or other intellectual property which you may encounter, are provided by, available from, or for your use in connection with our Website and Services. You will not alter, delete, obscure or conceal any copyright or other notices, nor will you reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate or use any Content in violation of these Terms of Use, without our express written consent. You also will not copy, modify, display, transmit, transfer, distribute or use Content in violation of these Terms of Use or any laws or regulations. You agree not to authorize, encourage or allow anyone else, directly or indirectly, to do anything you are not permitted to do under these Terms of Use.

Content is either our property or owned by users, or our licensors, suppliers or operational service providers and is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and international treaties. You agree that the entities mentioned above are third-party beneficiaries under these Terms of Use and both we and they can protect our respective rights and enforce these Terms of Use against you. You may only use our Website, Services and the Content for internal, non-commercial use and for no other purpose. Your right to use our Services is not assignable or transferable. Any rights not granted to you under these Terms of Use are fully reserved by us and any unauthorized or prohibited use of our Services may subject you to civil liability, criminal prosecution, or both. You shall not disclose any Content, specifically the User Information of other users, to any unaffiliated third parties without such user’s consent and/or the consent of thinkLA.

 

8. ACCESS TO AND USE OF THE SERVICES

Your access to and use of our Services is subject to all applicable local, provincial, state, and national laws and regulations. You shall not use, allow, or enable others to use our Services or in any manner that is, attempts or is likely to:

  • be libelous, defamatory, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive which may or may appear to impersonate anyone else;
  • affect adversely, harm, disparage or reflect negatively on thinkLA, or our Services, Website and Content, or on our goodwill, name or reputation, or the goodwill, name or reputation of any other user or their User Information;
  • transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
  • violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
  • gain unauthorized access to our Services, Website and Content; or other users' IDs, names, personally identifiable information or User Information; or other computers, websites or pages connected or linked to our Services, Website and Content or to use our Services, Website and Content in any manner which violates or is inconsistent with these Terms of Use;
  • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Services, Website and Content or the rights or use and enjoyment of our Services, Website and Content by any other user, person, firm or enterprise; or
  • collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any Content, material or information, whether personally identifiable or not, posted by or concerning any other user, person, firm or enterprise, in connection with their or your use of our Services unless you have obtained the express, prior permission of such other user, person, firm or enterprise to do so or as otherwise set forth in these Terms of Use or any Additional Terms as applicable to your use of the Services.

If you breach (or we believe you have or may breach) these Terms of Use or if we are notified, determine or have reason to believe you or any Member’s Authorized Users have or are engaging in conduct that violates any of the terms and conditions of these Terms of Use, we may deactivate, cancel, suspend or terminate your use, Membership (if applicable) and any other use of our Services, in whole or in part, without notice to you. We may declare all monies then due, owing and outstanding immediately due and payable and we will have no liability or further obligation of any kind to you or any other person and you will not be entitled to any refund.

 

9. LINKS TO THIRD PARTY SITES

thinkLA may recommend and/or endorse the use of third party products or services and/or include promotional information, URLs, or hypertext links to other parties’ websites in connection therewith, or any other form of re-direction of your connection to, with or through our Services ("links”) anywhere on our Services. However, thinkLA does not verify or have any obligation, responsibility or liability resulting from the display of any links to other parties’ websites (including their privacy policies) or for any of their goods or services, whether or not we have a separate marketing, advertising or other promotional arrangement with them. If a third party obtains information from or about you, we have no responsibility or liability for their conduct or activities.

 

10. DISCLAIMER OF WARRANTIES

THE SERVICES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES OR OUR WEBSITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WE ARE ALSO NOT LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF OUR SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF THE CONTENT AND ANY AND ALL FEATURES AND FUNCTIONS OF OUR SERVICES.

Some jurisdictions do not allow for the exclusion of certain warranties. Accordingly some of the exclusions described in these terms of use may not apply to you.

 

11. LIMITATION OF LIABILITY AND RELEASE

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER AND IF APPLICABLE, YOUR REGISTRATION, MEMBERSHIP, ANY CONTENT, PRODUCTS OR OTHER FEATURES, FUNCTIONS, TRANSACTIONS OR ACTIVITIES ASSOCIATED WITH OR ARISING FROM OR THROUGH OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, THE LEGAL THEORY OR THE BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON REMEDIES, DAMAGES AND LIABILITY AVAILABLE AT LAW AND EQUITY IN SUCH SITUATION, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED THE LESSER OF: (I) THE AMOUNTS PAID BY YOU FOR ACCESS TO OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM FOR SUCH DAMAGES OR (II) $100.00.

In the event you have any dispute with one or more third parties as a result of your use of our Website, Content or the Services, or are in any way damaged as a result of any third party in connection therewith, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against us, our employees, agents, representatives, operational service providers and suppliers, for any claims, actions demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.

 

12. INDEMNIFICATION

You agree to defend and indemnify us, our employees, agents, licensors, representatives, operational service providers and suppliers against any and all demands, claims and actions and you will hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys' fees) resulting from your breach or violation (or any Member’s Authorized User’s breach or violation) of these Terms of Use, the public posting or display of any material, content or items you submit or provide to us (including, without limitation, your User Information), or your alteration, use, export or disclosure of any Content, as well as your violation of law or regulation or your infringement, misappropriation or any violation of the rights of any other party. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

 

13. MISCELLANEOUS

If any term or condition is held illegal, invalid or unenforceable, this will not affect any other provision each of which will continue in effect. Any term or condition which must survive to allow us to enforce its meaning shall survive; however no action arising out of these Terms of Use or your use of our Services, regardless of the form of action or basis of the claim, may be brought by you more than 1 year after the cause of action has arisen (or if multiple causes, the date the first cause arose). Our delay or failure to take any action shall not be or be construed as a waiver of that or any other term, condition or right we may have. You may not transfer, assign, convey or delegate your Membership, IDs, or right to use our Services to anyone else and any attempt by you to do so shall be null and void ab initio.

 

14. LAW THAT APPLIES

Your use of our Services and these Terms of Use, shall be governed, construed and enforced the laws of the State of California applicable to contracts made, executed and wholly performed in California. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of California and you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

 

15. ENTIRE AGREEMENT

Our Privacy Policy, and any Additional Terms that may apply to you and your use of our Services, are incorporated into and form a part of these Terms of Use as if fully set forth herein, and together represent the complete and exclusive statement of terms and conditions between you and us regarding your use of the Website and Services, superseding any and all prior or inconsistent agreements, understandings, discussions, communications, written, oral or otherwise, relating thereto.

YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND AGREE TO BE BOUND BY AND FULLY COMPLY WITH ALL THE TERMS AND CONDITIONS HEREIN.

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