Immersive Sonic Challenge Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The following promotion is intended for participants in the forty-eight (48) contiguous United States only and shall be construed and evaluated according to the laws of the United States. Further eligibility restrictions are contained in the official rules ("Official Rules") below.
1. DESCRIPTION: The "Immersive Sonic Challenge Sweepstakes" (the "Sweepstakes") begins on or about Tuesday, November 1, 2016 and ends on Monday, November 28, 2016 at 11:59:59 pm Pacific Time ("PT") (the "Sweepstakes Period"). The Sponsor and Administrator, as defined in Section 11, will collectively be referred to as the "Sweepstakes Entities". There is one (1) prize available, as described in Section 6.
2. ELIGIBILITY: Sweepstakes is open only to legal residents of the forty-eight contiguous United States and Washington, D.C., who are physically located and residing therein and who are at least twenty-one (21) years of age at the time of entry (the "Entrant"). ENTRANT, IF SELECTED AS A WINNER, MUST BE AVAILABLE FOR TRAVEL ON DATES TO BE SELECTED BY THE SPONSOR, WHICH ARE CURRENTLY CONTEMPLATED TO TAKE PLACE BETWEEN FEBRUARY 8 -12, 2017. Employees, owners, shareholders, officers and directors of Sweepstakes Entities, Sponsor's local dealer groups and authorized dealers/distributors and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies together with the immediate family members and/or those living in the same household of such persons (collectively, "Household Members"), are not eligible to participate in the Sweepstakes. For purposes of the Sweepstakes "Household Members" shall mean those people who share the same residence at least three months a year; "immediate family members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses; and employees of "local dealer groups, authorized dealers and distributors" shall include individuals employed directly by the local dealer group, authorized dealer or distributor such as sales, mechanical, marketing, operations, and accounting staff. In the event of a dispute over the identity of an Entrant or potential winner in the Sweepstakes, the Entrant or potential winner will be deemed the authorized account holder of the email address associated with the entry and he/she must comply with these Official Rules. "Authorized Account Holder" is defined as the natural person in whose name the e-mail account was opened. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Entries will not be acknowledged except as provided herein. Sweepstakes prize is non-transferable and cannot be substituted, sold or bartered. Void in Alaska, Hawaii and where prohibited or restricted by law.
3. HOW TO ENTER: There are two (2) ways to enter the Sweepstakes.
1.) SEMA On-Site Entry: On Tuesday, November 1, 2016, SEMA attendees will have the opportunity to visit and engage with the Sponsor's interactive sound experience for a chance to guess the vehicle featured in the experience (the "Game"). Following the Game experience, eligible individuals will have the opportunity to enter the Sweepstakes by visiting the on-site entry kiosk(s) or visiting www.CarSoundChallenge.com (the "Website"). Entrant must follow the on-screen instructions to fully and accurately complete the entry form with his/her name and email address. Entrant will be required to affirmatively accept the Official Rules and click the "submit" button to receive one (1) entry into the Sweepstakes.
2.) Online Entry: During the Sweepstakes Period, individuals can visit the Website to interact with an online version of the Game. Following Game play, eligible Entrants will be offered the opportunity to enter the Sweepstakes. Entrant must follow the on-screen instructions to fully and accurately complete the entry form with his/her name and email address. Entrant will be required to affirmatively accept the Official Rules and click the "submit" button to receive one (1) entry into the Sweepstakes.
The Game is for entertainment purposes only; accuracy of answer has no bearing on Sweepstakes entry. All entries must be received by 11:59:59 pm PT on Monday, November 28, 2016. Limit one (1) entry per person per day for the duration of the Sweepstakes Period, regardless of method of entry. For the purpose of this Sweepstakes, a day is defined as a twenty-four (24) hour period beginning at 12:00:01 am PT and ending at 11:59:59 pm PT. If entries exceed the entry limitations, the Entrant may be disqualified, at the Sponsor's sole discretion. Entries generated by a script, macro or other automated means or by any means that subvert the entry process will be disqualified. Entrants must accurately provide all of the requested information to be eligible for a chance to win. Incomplete, unreadable, or unintelligible entries will be disqualified. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period, and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion and notice will be posted on the Website.
4. WINNER SELECTION AND NOTIFICATION: At the conclusion of the Sweepstakes Period, one (1) potential winner will be selected in a random drawing conducted by the Administrator from among all eligible entries received. The potential winner will be notified on or about Monday, December 5, 2016 at the email address associated with the entry. The potential winner will be required to respond (as directed) to the notification within five (5) days (or a shorter time if required by exigencies) of attempted notification. The failure to respond within the stated time period may result in forfeiture of the prize. The potential winner will be required to verify address, sign, and return within five (5) days of initial notification one or more forms covering eligibility, liability, advertising and (unless prohibited by law) publicity rights and such other documents as Sponsor or Administrator may require (collectively, "Prize Acceptance Forms"). Failure to return the Prize Acceptance Forms within the specified time period may result in forfeiture of the prize and selection of an alternate potential winner from the remaining eligible entries. Additionally, the potential winner may be required to provide his/her Social Security Number and proof of a valid U.S. driver's license for the purpose of submitting to a background check. Such background check may include (but is not limited to) investigation of criminal or other arrest or conviction record, a pattern of reckless driving and/or traffic/moving violations and any other factor deemed relevant by the Sponsor to help ensure that any potential winner will not, in the Sponsor's sole discretion, bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor. If requested, the potential winner agrees to sign waiver forms authorizing the release of personal and background information. Pending the results of such background check, the Sponsor reserves the right to disqualify the potential winner or substitute certain prize elements, in its sole discretion. Prize will not be awarded until all such properly executed forms are returned. If all requirements set forth in these Official Rules are satisfactorily met by the potential winner, as determined by Sponsor, in its sole discretion, such potential winner will be confirmed as the Winner. If needed, Sweepstakes Entities, in their sole discretion, will attempt to contact up to three (3) potential winners of the prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Sweepstakes Entities reserve the right to disqualify anyone not fully complying with the Official Rules.
5. ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
6. PRIZE: There is one (1) prize available. The prize consists of a 3-day/2-night trip to Fontana, CA (the "Trip") to attend the Sponsor's Performance Driving School (the "Event"). The Trip will consist of the following: (a) Round-trip coach class air transportation for Winner and one (1) "Guest" from a gateway airport near the Winner's permanent residence to an airport in close proximity to Fontana, CA (Ontario or LAX). If Winner lives within a 200 mile radius of the destination, the Sweepstakes Entities may substitute air transportation for ground transportation or a ground transportation allowance of $300 and no compensation or substitution will be provided for difference in prize value; (b) Ground transfers between the airport and the hotel in Fontana, CA and between the hotel and the Event; (c) Hotel accommodations for two (2) nights for the Winner and Guest (one standard room; double occupancy, room & tax only); (d) Opportunity for the Winner only to attend the Sponsor's Performance Driving School one (1) full day on Friday, February 10, 2017 or the opportunity for the Winner and his/her Guest to both attend the Sponsor's Performance Driving School for ½ day on Saturday, February 11, 2017 (as selected by the Winner); and (e) $1500 incidental expense spending allowance, awarded to the Winner in the form of a check. Approximate Retail Value ("ARV") of prize: $4,500.
Travel is currently contemplated to take place on select dates between February 8 and 12, 2017. All prize details are at the sole discretion of the Sweepstakes Entities. Winner's Guest must be at least twenty-one (21) years of age. Guest will be required to verify address and to execute a Travel Companion Release, as directed by the Administrator, prior to the travel departure date. Failure to return the executed Travel Companion Release within the specified time period may result in forfeiture of the Trip for the Guest.
Winner (and Guest, if applicable) must have a valid U.S. driver's license to participate in the Event. Participation in the Event is subject to additional terms and conditions as posted or presented at the Event location. Winner (and Guest, if applicable) may be required to sign additional Event-related liability releases, as provided at the Event location. If the Event is cancelled or postponed for any reason, Sponsor reserves the right, in its sole discretion, to either (a) award the Trip as described in these Official Rules but without admission to the Event; or (b) to change the dates of the Trip to accommodate an alternate Event date, if applicable. Winner and his/her Guest must travel together on same itinerary for the Trip. Winner and his/her Guest agree to undertake the Trip at their own risk. All travel arrangements must be made through Sweepstakes Entities. Airline will be selected by Sweepstakes Entities in their sole discretion. Airline carrier's regulations and conditions apply. Once Trip dates have been booked, no changes, extensions or substitutions are permitted, except at Sweepstakes Entities' sole discretion. Sweepstakes Entities will not replace any lost or stolen tickets or travel vouchers. Any costs of travel exceeding the allowance provided herein shall be the sole responsibility of Winner. For the avoidance of doubt, Winner shall be solely responsible for all costs, expenses, and incidentals associated with prize acceptance and use, including, but not limited to, additional ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full airfare may be charged to the Winner from stopover point for the remaining segments, including return, of the Trip. Sweepstakes Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Airline tickets are non-refundable/non-transferable and are not valid for upgrades. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Winner is responsible for all applicable travel and other insurance, all applicable airport charges, including, without limitation, any baggage charges, airport taxes, fuel charges and any applicable Federal inspection fees. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE THE SOLE RESPONSIBILITY OF THE WINNER. As required by law, an IRS Form 1099 will be issued in the name of the winner for the actual value of the prize received. Winner cannot assign or transfer the prize to another person. No cash alternatives or prize substitution is allowed except at the discretion of Sweepstakes Entities. If a prize cannot be awarded for any reason, a substitute prize of comparable or greater retail value may be awarded. Other restrictions may apply. All prize details are at Sponsor's sole discretion.
Trip Conduct: Winner and his/her Guest shall conduct themselves with due regard to the public conventions and morals. They shall not, while representing the Sweepstakes Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances. Winner and his/her Guest shall not commit any act that will tend to degrade the Sweepstakes Entities in society or bring the Sweepstakes Entities into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Sweepstakes Entities. In the event the Winner or his/her Guest engage in behavior that (as determined by Sweepstakes Entities in their sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, the Sweepstakes Entities reserve the right to terminate the Trip early and send the Winner and/or Guest home with no further obligation related to the prize.
Sweepstakes Entities maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, transportation company, restaurant or venue ("Providing Party") and Sponsor is merely an independent supplier of the Trip and is not in any way related to each Providing Party. The Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of those Providing Parties or any of their agents, servants, employees or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used by any of those suppliers, (c) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, or (d) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities.
7. CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection, notification and fulfillment tasks on Sponsor's behalf. All applicable federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. Each Entrant (including each potential winner and the Winner) hereby releases the Sweepstakes Entities, Event host, Sponsor's local dealer groups and authorized dealers/distributors and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies and each such company's employees, owners, shareholders, officers and directors (collectively, the "Released Parties") from any and all actions, claims, injuries, death, losses or damages arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of a prize (including any travel or activity related thereto). Winner hereby grants to the Sweepstakes Entities and their respective designees the irrevocable, royalty-free right and license to use his/her photo, video, name, voice, likeness, biographical data or information, city and state of residence and entry materials in advertising, marketing, programming, research or promotional activities, in any manner, in any and all media now or hereafter known, worldwide in perpetuity, and on a winner's list, if applicable, without further compensation, notification or permission, unless prohibited by law. Winner may be asked to participate in select publicity activities, as determined at the sole discretion of the Sweepstakes Entities. Sweepstakes Entities are not obligated to use any of the above mentioned information or publicity materials, but may do so and may edit such information or materials, at Sweepstakes Entities' sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) for errors or difficulties of any kind whether human, mechanical, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND IN NO EVENT WILL ENTRANT BE PERMITTED TO OBTAIN ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
8. INDEMNITY: Each Entrant (including each potential winner and the Winner) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys' fees and costs, arising out of or in connection with: (a) participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
9. GOVERNING LAW: Any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes, including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that the Sweepstakes, or any part thereof, is invalid, illegal or otherwise voidable (or void), shall be resolved exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall an Entrant seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Sweepstakes.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Sweepstakes, or the rights and obligations of Entrants and Sweepstakes Entities, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. SPONSOR & ADMINISTRATOR: The Sponsor of this Sweepstakes is Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, California, 90501 ("Sponsor"). The administrator of this Sweepstakes is Creative Zing Promotion Group, LLC, 189 South Orange Avenue, Suite 1130A, Orlando, FL 32801 ("Administrator").
12. WINNER LIST/OFFICIAL RULES: To obtain the winner's name or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to "Immersive Sonic Challenge" Winner /Rules, 189 S. Orange Ave, Suite 1130a, Orlando FL 32801. Requests for the name of the winner must be received no later December 31, 2016.
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By submitting Content, you also grant us the right to use your name, picture, likeness, voice, and biographical information in connection with the use or publication of your Content.
In connection with Content you upload, submit, post, or otherwise make available via the Service, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such Content in the manner contemplated by this Agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant to us all of the rights granted herein.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner's behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent @ firstname.lastname@example.org
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE, OR THAT THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE SERVICE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU OR ANY THIRD PARTY SUBMITS, POSTS OR SENDS OVER THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND THE CONSEQUENCES OF POSTING OR PUBLISHING IT, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR AND OTHER USERS' ONLINE DISTRIBUTION AND PUBLICATION OF CONTENT PROVIDED BY YOU AND THEM.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
DISCLAIMER OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF OUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICE OR ANY CLAIMS RELATING TO THIS AGREEMENT OR ANY CONTENT SHALL NOT EXCEED THE AMOUNTS, IF ANY, PAID BY YOU TO US DURING THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE SERVICE.
The Service is controlled and operated in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
Release and Indemnification.
Term and Termination.
This Agreement is effective until terminated by us or you. We shall have the right to terminate this Agreement including, without limitation, your right to access and use the Service, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by deleting your user account on the Service and discontinuing use of any and all parts of the Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Service.
Governing Law and Venue for Disputes.
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of Oregon without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in Portland, Oregon. If travelling to Portland, Oregon is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys' fees).
No Class Actions.
You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
No Assignment, Sublicense or Transfer.
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.
This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.
Last Updated October 21, 2016.
Information we collect
We collect information to provide better services to our users and improve our business.
We collect information in two ways:
How we use information we collect
We use the information we collect from all of our services to provide, maintain, protect and improve our services, to develop new services and offerings and to protect us and our users.
We also may use this information to offer you tailored content like giving you more relevant search results and ads.
We may use aggregated and demographic information to support our advertising needs so we can continue to provide many services for free. Your personally identifiable information is never disclosed to these parties, unless you are notified or consent.
If you apply for a job with us, we will use your employment information and resume only for hiring and business purposes. But we may keep copies of your information on file.
Please keep in mind that comments sections, forums, and other similar areas of our services are public. Any information posted in those areas is viewable and usable by anyone that has access.
If we provide you with any mailings or other communication, you can always opt out of that communication.
You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it's important to remember that many of our services may not function properly if your cookies are disabled.
You have the right to remove your personal information from our databases. To do this, please delete your Company account. If you have any problems or questions, please let us know by contacting us at email@example.com and we will assist you with the process.
Accessing and updating your personal information
Whenever you use our services, we aim to provide you with access to your personal information in your account. If that information is wrong, we strive to give you ways to update it quickly or to delete it unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
Do Not Track Signals
Information we share
We do not share personal information with companies, outside organizations and individuals unless one of the following circumstances apply:
We work hard to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold however no website is entirely secure. You should protect the account information in your possession as well.
Children Under 13
Our site is not directed toward children under 13 and we will not knowingly collect information for any child under the age of 13. If you are the parent of a child under the age of 13 and have a concern regarding your child's information on our site, please contact us at firstname.lastname@example.org
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Last updated October 21, 2016.