TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE SERVICE. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR:
ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE;ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.
BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT ANY DECISIONS OR ACTIONS YOU TAKE BASED ON INFORMATION PROVIDED BY THE COMPANY ARE DONE AT YOUR OWN RISK. THE COMPANY IS NOT RESPONSIBLE FOR ANY OUTCOMES, WHETHER POSITIVE OR NEGATIVE, RESULTING FROM YOUR USE OF THE SERVICE
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) ARISING OUT OF OR RELATED TO:
YOUR USE OF THE SERVICE;YOUR VIOLATION OF THESE TERMS OF USE;YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY;ANY CONTENT YOU SUBMIT, POST, OR TRANSMIT THROUGH THE SERVICE.
THE COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS.
ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.YOU AND THE COMPANY AGREE THAT ANY CLAIMS OR DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.THESE TERMS OF USE AND YOUR USE OF THE SITE ARE GOVERNED BY THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA AND THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS.
THE COMPANY MAKES NO GUARANTEES REGARDING THE OUTCOMES OF ITS SERVICES. RESULTS VARY DEPENDING ON INDIVIDUAL CIRCUMSTANCES, AND NOTHING IN THE SERVICE OR COMMUNICATIONS FROM THE COMPANY SHOULD BE INTERPRETED AS A GUARANTEE OF RESULTS.
By continuing to use the Service, you acknowledge that you have read, understood, and agreed to these Terms of Use, including the Limitation of Liability, Indemnification, Dispute Resolution, and Class Action Waiver clauses.