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Privacy Policy
BOBHOLDENCOMEDY.COM
PRIVACY NOTICE
Last updated November 01, 2023
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This privacy notice for Bob Holden Comedy ( " Company ," "we," "us," or "our" ), describes how and why we might collect, store, use, and/or share ( "process" ) your information when you use our services ( "Services" ), such as when you: Visit our website at https://www.bobholdencomedy.com , or any website of ours that links to this privacy notice Engage with us in other related ways, including any sales, marketing, or events Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at bobholden329@gmail.com .
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find out more details
about any of
these topics by clicking the link following each key point or by using our table of contents
below to find
the section you are looking for. You can also click here to go directly to our table of
contents.
What personal information do we process? When you visit, use, or navigate our Services, we
may process
personal information depending on how you interact with Bob Holden Comedy and the Services,
the choices
you
make, and the products and features you use. Click here to learn more.
Do we process any sensitive personal information? We do not process sensitive personal
information.
Do we receive any information from third parties? We do not receive any information from
third parties.
How do we process your information? We process your information to provide, improve, and
administer our
Services, communicate with you, for security and fraud prevention, and to comply with law.
We may also
process your information for other purposes with your consent. We process your information
only when we
have
a valid legal reason to do so. Click here to learn more.
In what situations and with which parties do we share personal information? We may share
information in
specific situations and with specific third parties. Click here to learn more.
How do we keep your information safe? We have organizational and technical processes and
procedures in
place
to protect your personal information. However, no electronic transmission over the internet
or information
storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee
that hackers,
cybercriminals, or other unauthorized third parties will not be able to defeat our security
and improperly
collect, access, steal, or modify your information. Click here to learn more.
What are your rights? Depending on where you are located geographically, the applicable
privacy law may
mean
you have certain rights regarding your personal information. Click here to learn more.
How do you exercise your rights? The easiest way to exercise your rights is by filling out
our data
subject
request form available here: https://www.bobholdencomedy.com , or by contacting us. We will
consider and
act
upon any request in accordance with applicable data protection laws.
Want to learn more about what Bob Holden Comedy does with any information we collect? Click
here to review
the notice in full.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
6. HOW LONG DO WE KEEP YOUR INFORMATION?
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
8. DO WE COLLECT INFORMATION FROM MINORS?
9. WHAT ARE YOUR PRIVACY RIGHTS?
10. CONTROLS FOR DO-NOT-TRACK FEATURES
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
12. DO WE MAKE UPDATES TO THIS NOTICE?
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you express an
interest in
obtaining
information about us or our products and Services, when you participate in activities on the
Services, or
otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on
the context of
your interactions with us and the Services, the choices you make, and the products and
features you use.
The
personal information we collect may include the following:
names
phone numbers
email addresses
Sensitive Information. We do not process sensitive information.
All personal information that you provide to us must be true, complete, and accurate, and
you must notify
us
of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and
device
characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the Services.
This
information
does not reveal your specific identity (like your name or contact information) but may
include device and
usage information, such as your IP address, browser and device characteristics, operating
system, language
preferences, referring URLs, device name, country, location, information about how and when
you use our
Services, and other technical information. This information is primarily needed to maintain
the security
and
operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar
technologies.
The information we collect includes:
Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and
performance information
our servers automatically collect when you access or use our Services and which we record in
log files.
Depending on how you interact with us, this log data may include your IP address, device
information,
browser type, and settings and information about your activity in the Services (such as the
date/time
stamps
associated with your usage, pages and files viewed, searches, and other actions you take
such as which
features you use), device event information (such as system activity, error reports
(sometimes called
"crash
dumps" ), and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet,
or other
device
you use to access the Services. Depending on the device used, this device data may include
information
such
as your IP address (or proxy server), device and application identification numbers,
location, browser
type,
hardware model, Internet service provider and/or mobile carrier, operating system, and
system
configuration
information.
Location Data. We collect location data such as information about your device's location,
which can be
either precise or imprecise. How much information we collect depends on the type and
settings of the
device
you use to access the Services. For example, we may use GPS and other technologies to
collect geolocation
data that tells us your current location (based on your IP address). You can opt out of
allowing us to
collect this information either by refusing access to the information or by disabling your
Location
setting
on your device. However, if you choose to opt out, you may not be able to use certain
aspects of the
Services.
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our Services,
communicate with
you, for security and fraud prevention, and to comply with law. We may also process your
information for
other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact
with our
Services, including:
To request feedback. We may process your information when necessary to request feedback and
to contact you
about your use of our Services.
To send you marketing and promotional communications. We may process the personal
information you send to
us
for our marketing purposes, if this is in accordance with your marketing preferences. You
can opt out of
our
marketing emails at any time. For more information, see " WHAT ARE YOUR PRIVACY RIGHTS? "
below).
To deliver targeted advertising to you. We may process your information to develop and
display
personalized
content and advertising tailored to your interests, location, and more.
To protect our Services. We may process your information as part of our efforts to keep our
Services safe
and secure, including fraud monitoring and prevention.
To identify usage trends. We may process information about how you use our Services to
better understand
how
they are being used so we can improve them.
To determine the effectiveness of our marketing and promotional campaigns. We may process
your information
to better understand how to provide marketing and promotional campaigns that are most
relevant to you.
To save or protect an individual's vital interest. We may process your information when
necessary to save
or
protect an individual's vital interest, such as to prevent harm.
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
In Short: We only process your personal information when we believe it is necessary and we
have a valid
legal reason (i.e. , legal basis) to do so under applicable law, like with your consent, to
comply with
laws, to provide you with services to enter into or fulfill our contractual obligations, to
protect your
rights, or to fulfill our legitimate business interests.
If you are located in the EU or UK, this section applies to you.
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid
legal bases we
rely on in order to process your personal information. As such, we may rely on the following
legal bases
to
process your personal information:
Consent. We may process your information if you have given us permission (i.e. , consent) to
use your
personal information for a specific purpose. You can withdraw your consent at any time.
Click here to
learn
more.
Legitimate Interests. We may process your information when we believe it is reasonably
necessary to
achieve
our legitimate business interests and those interests do not outweigh your interests and
fundamental
rights
and freedoms. For example, we may process your personal information for some of the purposes
described in
order to:
Send users information about special offers and discounts on our products and services
Develop and display personalized and relevant advertising content for our users
Analyze how our Services are used so we can improve them to engage and retain users
Support our marketing activities
Diagnose problems and/or prevent fraudulent activities
Understand how our users use our products and services so we can improve user experience
Legal Obligations. We may process your information where we believe it is necessary for
compliance with
our
legal obligations, such as to cooperate with a law enforcement body or regulatory agency,
exercise or
defend
our legal rights, or disclose your information as evidence in litigation in which we are
involved.
Vital Interests. We may process your information where we believe it is necessary to protect
your vital
interests or the vital interests of a third party, such as situations involving potential
threats to the
safety of any person.
If you are located in Canada, this section applies to you.
We may process your information if you have given us specific permission (i.e. , express
consent) to use
your personal information for a specific purpose, or in situations where your permission can
be inferred
(i.e. , implied consent). You can withdraw your consent at any time. Click here to learn
more.
In some exceptional cases, we may be legally permitted under applicable law to process your
information
without your consent, including, for example:
If collection is clearly in the interests of an individual and consent cannot be obtained in
a timely way
For investigations and fraud detection and prevention
For business transactions provided certain conditions are met
If it is contained in a witness statement and the collection is necessary to assess,
process, or settle an
insurance claim
For identifying injured, ill, or deceased persons and communicating with next of kin
If we have reasonable grounds to believe an individual has been, is, or may be victim of
financial abuse
If it is reasonable to expect collection and use with consent would compromise the
availability or the
accuracy of the information and the collection is reasonable for purposes related to
investigating a
breach
of an agreement or a contravention of the laws of Canada or a province
If disclosure is required to comply with a subpoena, warrant, court order, or rules of the
court relating
to
the production of records
If it was produced by an individual in the course of their employment, business, or
profession and the
collection is consistent with the purposes for which the information was produced
If the collection is solely for journalistic, artistic, or literary purposes
If the information is publicly available and is specified by the regulations
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section and/or
with the
following third parties.
We may need to share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection with, or during
negotiations
of,
any merger, sale of company assets, financing, or acquisition of all or a portion of our
business to
another
company.
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your
information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access
or store
information. Specific information about how we use such technologies and how you can refuse
certain
cookies
is set out in our Cookie Notice.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined
in this
privacy
notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes
set out in
this
privacy notice, unless a longer retention period is required or permitted by law (such as
tax, accounting,
or other legal requirements).
When we have no ongoing legitimate business need to process your personal information, we
will either
delete
or anonymize such information, or, if this is not possible (for example, because your
personal information
has been stored in backup archives), then we will securely store your personal information
and isolate it
from any further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and
technical
security measures.
We have implemented appropriate and reasonable technical and organizational security
measures designed to
protect the security of any personal information we process. However, despite our safeguards
and efforts
to
secure your information, no electronic transmission over the Internet or information storage
technology
can
be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers,
cybercriminals, or other
unauthorized third parties will not be able to defeat our security and improperly collect,
access, steal,
or
modify your information. Although we will do our best to protect your personal information,
transmission
of
personal information to and from our Services is at your own risk. You should only access
the Services
within a secure environment.
8. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of
age.
We do not knowingly solicit data from or market to children under 18 years of age. By using
the Services,
you represent that you are at least 18 or that you are the parent or guardian of such a
minor and consent
to
such minor dependent's use of the Services. If we learn that personal information from users
less than 18
years of age has been collected, we will deactivate the account and take reasonable measures
to promptly
delete such data from our records. If you become aware of any data we may have collected
from children
under
age 18, please contact us at bobholden329@gmail.com
9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and
Canada, you
have rights that allow you greater access to and control over your personal information. You
may review,
change, or terminate your account at any time.
In some regions (like the EEA, UK, and Canada), you have certain rights under applicable
data protection
laws. These may include the right (i) to request access and obtain a copy of your personal
information,
(ii)
to request rectification or erasure; (iii) to restrict the processing of your personal
information; and
(iv)
if applicable, to data portability. In certain circumstances, you may also have the right to
object to the
processing of your personal information. You can make such a request by contacting us by
using the contact
details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
We will consider and act upon any request in accordance with applicable data protection
laws.
If you are located in the EEA or UK and you believe we are unlawfully processing your
personal
information,
you also have the right to complain to your local data protection supervisory authority. You
can find
their
contact details here:
https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are located in Switzerland, the contact details for the data protection authorities
are available
here: https://www.edoeb.admin.ch/edoeb/en/home.html.
Withdrawing your consent: If we are relying on your consent to process your personal
information, which
may
be express and/or implied consent depending on the applicable law, you have the right to
withdraw your
consent at any time. You can withdraw your consent at any time by contacting us by using the
contact
details
provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
However, please note that this will not affect the lawfulness of the processing before its
withdrawal nor,
when applicable law allows, will it affect the processing of your personal information
conducted in
reliance
on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our
marketing and
promotional communications at any time by or by contacting us using the details provided in
the section
"HOW
CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing
lists. However,
we
may still communicate with you — for example, to send you service-related messages that are
necessary for
the administration and use of your account, to respond to service requests, or for other
non-marketing
purposes.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If
you prefer,
you
can usually choose to set your browser to remove cookies and to reject cookies. If you
choose to remove
cookies or reject cookies, this could affect certain features or services of our Services.
To opt out of
interest-based advertising by advertisers on our Services visit
http://www.aboutads.info/choices/.
If you have questions or comments about your privacy rights, you may email us at
bobholden329@gmail.com.
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding
access to
your
personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our
users who are
California residents to request and obtain from us, once a year and free of charge,
information about
categories of personal information (if any) we disclosed to third parties for direct
marketing purposes
and
the names and addresses of all third parties with which we shared personal information in
the immediately
preceding calendar year. If you are a California resident and would like to make such a
request, please
submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with
Services, you
have the right to request removal of unwanted data that you publicly post on the Services.
To request
removal of such data, please contact us using the contact information provided below and
include the email
address associated with your account and a statement that you reside in California. We will
make sure the
data is not publicly displayed on the Services, but please be aware that the data may not be
completely or
comprehensively removed from all our systems (e.g., backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or
transitory purpose
and
(2) every individual who is domiciled in the State of California who is outside the State of
California
for
a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and
obligations
regarding
your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12)
months:
Category Examples Collected
A. Identifiers
Contact details, such as real name, alias, postal address, telephone or mobile contact
number, unique
personal identifier, online identifier, Internet Protocol address, email address, and
account name
NO
B. Personal information categories listed in the California Customer Records statute
Name, contact information, education, employment, employment history, and financial
information
NO
C. Protected classification characteristics under California or federal law
Gender and date of birth
NO
D. Commercial information
Transaction information, purchase history, financial details, and payment information
NO
E. Biometric information
Fingerprints and voiceprints
NO
F. Internet or other similar network activity
Browsing history, search history, online behavior, interest data, and interactions with our
and other
websites, applications, systems, and advertisements
NO
G. Geolocation data
Device Location
NO
H. Audio, electronic, visual, thermal, olfactory, or similar information
Images and audio, video or call recordings created in connection with our business
activities
NO
I. Professional or employment-related information
Business contact details in order to provide you our Services at a business level or job
title, work
history, and professional qualifications if you apply for a job with us
NO
J. Education Information
Student records and directory information
NO
K. Inferences drawn from other personal information
Inferences drawn from any of the collected personal information listed above to create a
profile or
summary
about, for example, an individual's preferences and characteristics
NO
We may also collect other personal information outside of these categories through instances
where you
interact with us in person, online, or by phone or mail in the context of:
Receiving help through our customer support channels;
Participation in customer surveys or contests; and
Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this
privacy notice.
You may contact us by email at bobholden329@gmail.com, by visiting
https://www.bobholdencomedy.com,
or
by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt out we may deny a request
if the
authorized agent does not submit proof that they have been validly authorized to act on your
behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written
contract
between
us and each service provider. Each service provider is a for-profit entity that processes
the information
on
our behalf.
We may use your personal information for our own business purposes, such as for undertaking
internal
research for technological development and demonstration. This is not considered to be
"selling" of your
personal information.
Bob Holden Comedy has not disclosed or sold any personal information to third parties for a
business or
commercial purpose in the preceding twelve (12) months. Bob Holden Comedy will not sell
personal
information
in the future belonging to website visitors, users, and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your
personal
information, we will respect your request and delete your personal information, subject to
certain
exceptions provided by law, such as (but not limited to) the exercise by another consumer of
his or her
right to free speech, our compliance requirements resulting from a legal obligation, or any
processing
that
may be required to protect against illegal activities.
Right to be informed — Request to know
Depending on the circumstances, you have a right to know:
whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used;
whether we sell your personal information to third parties;
the categories of personal information that we sold or disclosed for a business purpose;
the categories of third parties to whom the personal information was sold or disclosed for a
business
purpose; and
the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer
information that is
de-identified in response to a consumer request or to re-identify individual data to verify
a consumer
request.
Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the
same person
about
whom we have the information in our system. These verification efforts require us to ask you
to provide
information so that we can match it with information you have previously provided us. For
instance,
depending on the type of request you submit, we may ask you to provide certain information
so that we can
match the information you provide with the information we already have on file, or we may
contact you
through a communication method (e.g., phone or email) that you have previously provided to
us. We may also
use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or
authority to
make
the request. To the extent possible, we will avoid requesting additional information from
you for the
purposes of verification. However, if we cannot verify your identity from the information
already
maintained
by us, we may request that you provide additional information for the purposes of verifying
your identity
and for security or fraud-prevention purposes. We will delete such additionally provided
information as
soon
as we finish verifying you.
Other privacy rights
You may object to the processing of your personal information.
You may request correction of your personal data if it is incorrect or no longer relevant,
or ask to
restrict the processing of the information.
You can designate an authorized agent to make a request under the CCPA on your behalf. We
may deny a
request
from an authorized agent that does not submit proof that they have been validly authorized
to act on your
behalf in accordance with the CCPA.
You may request to opt out from future selling of your personal information to third
parties. Upon
receiving
an opt-out request, we will act upon the request as soon as feasibly possible, but no later
than fifteen
(15) days from the date of the request submission.
To exercise these rights, you can contact us by email at bobholden329@gmail.com, by
visiting
https://www.bobholdencomedy.com, or by referring to the contact details at the bottom of
this document. If
you have a complaint about how we handle your data, we would like to hear from you.
12. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant
laws.
We may update this privacy notice from time to time. The updated version will be indicated
by an updated
"Revised" date and the updated version will be effective as soon as it is accessible. If we
make material
changes to this privacy notice, we may notify you either by prominently posting a notice of
such changes
or
by directly sending you a notification. We encourage you to review this privacy notice
frequently to be
informed of how we are protecting your information.
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at bobholden329@gmail.com
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
You have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please visit: https://www.bobholdencomedy.com or email bobholden329@gmail.com. This privacy policy was created using Termly's Privacy Policy Generator.
Terms & Conditions
bobholdencomedy.COM
TERMS AND CONDITIONS
Last updated November 01, 2023 Back To Home Page
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. GUIDELINES FOR REVIEWS
8. SUBMISSIONS
9. THIRD-PARTY WEBSITE AND CONTENT
10. SITE MANAGEMENT
11. PRIVACY POLICY
12. TERM AND TERMINATION
13. MODIFICATIONS AND INTERRUPTIONS
14. GOVERNING LAW
15. DISPUTE RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18. LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. USER DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
22. CALIFORNIA USERS AND RESIDENTS
23. MISCELLANEOUS
24. CONTACT US
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on
behalf
of an entity (“you”) and Bob Holden Comedy (" Company ," “we," “us," or “our”), concerning
your access to
and use of the https://www.bobholdencomedy.com website as well as any other media form,
media channel,
mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the
“Site”). You agree that by accessing the Site, you have read, understood, and agreed to be
bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to
make changes
or
modifications to these Terms of Use from time to time . We will alert you about any changes
by updating
the
“Last updated” date of these Terms of Use, and you waive any right to receive specific
notice of each such
change. Please ensure that you check the applicable Terms every time you use our Site so
that you
understand
which Terms apply. You will be subject to, and will be deemed to have been made aware of and
to have
accepted, the changes in any revised Terms of Use by your continued use of the Site after
the date such
revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any
person or entity in
any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which
would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those
persons who choose to access the Site from other locations do so on their own initiative and
are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and
Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so
if your
interactions would be subjected to such laws, you may not use this Site. You may not use the
Site in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18
are not
permitted
to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to: Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use any information obtained from the Site in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. Use a buying agent or purchasing agent to make purchases on the Site. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. Use the Site to advertise or offer to sell goods and services. Sell or otherwise transfer your profile.
5. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that: The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
8. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
9. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
10. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
11. PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
12. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
14. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida , without regard to its conflict of law principles.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org . Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Brevard , Florida . Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Brevard , Florida , and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts . Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
16. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
17. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
23. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
24. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Bob Holden Comedy
bobholden329@gmail.com
These terms of use were created using Termly's Terms and Conditions Generator.