Please read these Terms of Service (“Terms of Service” or “TOS”) fully and carefully each time you visit the www.thepodglomerate.com (the “Site”) and before using the services, features, content, or applications offered via the Site (collectively the “Services”) by The Podglomerate, LLC (“we”, “us” or “our”) or any third party. These Terms of Service set forth the legally binding terms and conditions for your access and use of the Site and the Services.
BY ACCESSING SITE AND/OR USING THE SERVICES, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TOS. IF YOU DO NOT AGREE WITH THESE TOS, DO NOT ACCESS THE SITE OR USE THE SERVICES.
Additional Terms of Service. Certain of the Services may be subject to additional terms and conditions specified by us from time to time which will be indicated on the page where the relevant Service is offered and/or requested; your use of such Services is subject to those additional terms and conditions, which are hereby incorporated into and made part of these Terms of Service by this reference.
Application. These Terms of Service apply to all visitors to the Site and to all users of the Services, including, without limitation, those who are contributors of content, information, and other materials, or services, whether or not such visitors or users have an Account (as defined below).
Eligibility. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Registration. To sign up for certain Services, you may be required to register for an account (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services and any of any known or suspected breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You will have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Content. The definition of the term “Content” means, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Site and/or through any Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content. The definition of the term “User Content” means all Content added, created, uploaded, submitted, distributed, or posted to the Site and/or Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content.
Your Representations. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
Your Acknowledgement. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate or noninfringing.
Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Trademarks: The names, trade names, trademarks and logos of our company, Services, and Site, and all related product and service names, design marks and slogans displayed in connection therewith (collectively, the “Marks”) are our trademarks, service marks, or registered trademarks. The Marks may not be used in any manner without our prior written consent. All other products and service marks contained on the Site or any Service are the trademarks of their respective owners. Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation by us. All specific product and service information supplied by third parties to us are the sole responsibility of each individual third party source and you agree not to look to us with respect to any confirmation, review, fact checking, inaccuracies, errors or omissions, or for any other reason or liability with respect to such information as supplied to us by any third parties.
Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to download, stream and display locally the Content as made available to you by us solely for purposes of using the Services for your personal non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services as set forth herein is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates our rights or the rights of any other party. All of the Content is created and/or owned by our licensors and/or their producers, or is created and/or owned by us, and is protected by law. Accordingly, we hereby reserve, for our selves and on behalf of our licensors and their producers, all rights in and to such Content that is not expressly granted herein.
User Content – License Grant. By submitting User Content through the Services, you thereby grant us (and our successors, licensees, and assigns) a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in any manner we (and our successors, licensees, and assigns) see fit, including without limitation in connection with the Site and the Services as well as for promoting and redistributing (part or all of) the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), notwithstanding any termination of your Account or Services, including, without limitation, the right to use your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection your use of the Services. You also hereby grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that your User Content does not infringe upon or violate the rights of any other party and that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights and you agree to indemnify, defend, and hold harmless us, our users, licensees, and affiliates against any claims arising out of, related to, or in connection with any breach or claimed breach of your foregoing representations and warranties. You acknowledge and agree that you shall not be entitled to share in any revenue that we (or any other party) may earn or generate in connection with any of the rights granted by you herein nor shall you have any approval rights in connection therewith.
Availability of Content. We do not guarantee that any Content will be made available, or will continued to be made available, on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
Information within the Content. The information within the Content includes facts, views, opinions, and recommendations from us, our licensors, advertisers, affiliates as well as from third party sources deemed of interest by us and/or our licensors and advertisers. The information within the Content from the Services is not offered as personal, health, financial, or professional advice for you. We cannot guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, the views, opinions or recommendations within the Content nor do we advocate that you make any personal or business decisions based on the Content. You should always seek the assistance of an experienced consultant and/or licensed professional for advice on your personal, financial, health, and business decisions. Furthermore, the Service provides general information that is designed to educate and entertain broad segments of the public. The information generally available on the Service is strictly for educational and entertainment purposes. Such information does not take into account all of the unique circumstances that may affect your personal decisions, and nothing contained herein should be considered to be personalized advice that is tailored to your individual needs. You should consult your own personal, health, and professional advisors to develop a personalized plan that takes into account your individual needs and circumstances.
Rules of Conduct.
Condition of Use. As a condition of use, you promise not to access the Site or use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
Prohibitions. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on the Site or through the Service, including without limitation any Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- Contains an advertisement or solicitation or encourages others to make a donation;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Permits any person to access, using your account, any features of the Service or Site that may require registration;
- Without our prior written permission, frames, or makes it appear that a third-party site is presenting or endorsing, any of the Content of the Service or the Site, or incorporate any of our (or our licensor’s or their producer’s) intellectual property made available through the Site into another website or other service, either online or offline;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives;
- or includes anyone’s identification documents or sensitive financial information.
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
- You agree to be fully responsible for your own postings and agree to access and use the Site and Service at your own risk on an as-is basis. We cannot and do not guarantee that we will post display or continue to display postings you or other users submit to the Site. Also, we reserve the right to edit or abridge postings for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any postings, in whole or in part, in our sole discretion. You also acknowledge that visitors to the sites may post comments about your postings which may be derogatory, and that we have no obligation to monitor or delete any such postings.
- Please be aware that we do not and cannot monitor all of the postings made to the Site or any Service, and therefore we will not be responsible for the content of any postings. We have no obligation to verify the accuracy of any personally identifying information that is posted to the Site. However, we do reserve the right to delete or edit any material in any posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the our business and websites. If we elect to edit any postings, we nonetheless assumes no responsibility for the content of the postings. Under no circumstances will we be liable for any inaccuracy or defect in any postings.
Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Social Media Services. The Services may allow you to share certain information with others outside of the Services, such as through your social networks. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, (e.g., by providing a “share” button on or near the Content). If you share information from the Services with others through your third party accounts, such as your social networks, you authorize us to share that information with the applicable third party website, service or resource on the Internet. Please review the policies of any such third party website, service or resource you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Apple, Inc. Device and Service Terms. If you are accessing the Services on a device provided by Apple, Inc. (“Apple”) or otherwise obtained access to the Services through the Apple App Store, the following terms shall apply:
- Both you and we acknowledge that these Terms of Service are concluded between you and us only, and not with Apple, and that Apple is not responsible for, does not endorse, and is not involved in the Services or Content;
- The Services are licensed to you on a limited, non-exclusive, non-transferrable, non- sublicensable basis, solely to be used in connection with the Services for your private, personal, non- commercial use, subject to all the terms and conditions of these Terms of Service as applicable;
- You will only use the Services in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
- In the event of any failure of the Services to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Services;
- You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to our Services;
- You acknowledge and agree that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and we acknowledge and agree that, in your use of the Services, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.
Warranty Disclaimer. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Site or the Services;
- what Content you access via the Services; or how you may interpret or use the Content.
- You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
- THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR OWNERS, PARENT COMPANY, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $60.00.
YOU HEREBY WAIVE ANY AND ALL RIGHTS YOU MAY NOW OR LATER HAVE TO RECOVER FROM US (AND OUR SUCCESSORS, LICENSEES, AND ASSIGNS) ANY EXPENSES, COST OR FEES INCURRED BY YOU IN RELATION TO OR ARISING FROM ANY CLAIM OR AWARD AGAINST US (OR OUR SUCCESSORS, LICENSEES, AND ASSIGNS), INCLUDING, BUT NOT LIMITED TO, COLLECTION COSTS AND ATTORNEY’S FEES, COSTS OR DISBURSEMENTS.
State Rules on Exclusions or Limitations. Because some states or jurisdictions do not allow certain exclusions or limitations of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then and the liability will be limited to the fullest possible extent permitted by such applicable laws and the language herein shall be automatically amended thereby to fully confirm with such laws.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Modifications. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
Copyright Infringement: In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, the Site have designated an agent to receive notices of claims of copyright infringement: DMCA Copyright Administrator, The Podglomerate LLC, 31-09 31st Ave, 1st FL, New York, NY 11106 Attn: Jeffery Umbro; telephone: 603.770.1371; Email: [email protected]. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:
• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content;
• Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users that we have received a notice of infringement by means of a general notice on our sites, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
• Your physical or electronic signature
• Identification of the content that has been removed or to which access has been disabled, and the location at which the content appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing content or an agent of such person.
We reserve the right to terminate access to our sites of any user who we believe in our sole discretion infringes the proprietary rights of any third party.
Reprint Requests: For reprint and licensing requests for any Content on the Service that is owned or distributed by us, please contact us via the following webpage messaging portal [email protected]
International Users: The Site is hosted and located in the United States. We make no representation that content or services furnished within or through the Site is appropriate or available for use in other locations of the world. Those who choose to access the Site from other locations do so at their own risk, and are responsible for compliance with all applicable local laws.
Transfer to U.S.: If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By registering with the Site, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with the Site in the federal and state courts of, and in accordance with the laws of, the State of New York in the United States, as further set forth in the “Additional Provisions” section below.
Transfer outside of the U.S.: We may transfer information that we collect about you or that you furnish to us, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
Additional Provisions: These TOS contains the final and entire agreement between us and you regarding your access or use of the Site and all of the Service features furnished through the Site and supersedes all previous and contemporaneous oral or written agreements regarding such access and use. You agree that these TOS, as well as any and all claims arising from these TOS will be governed by and construed exclusively in accordance with the laws of the United States and the State of New York applicable to agreements executed and wholly performed therein, without any regard to any conflict of laws principals or the so-called “borrowing statue” of the State of New York (i.e., CPLR 202). You agree that any dispute, claim or controversy arising in connection with or relating to this agreement, including, but not limited to the validity, breach, enforcement or termination thereof shall be resolved exclusively by litigation instituted and prosecuted in the courts of competent jurisdiction of the State of New York located in New York County, namely the Commercial Division, New York State Supreme Court, or the Federal Courts in New York State. The parties hereby irrevocably submit to the exclusive jurisdiction of said courts and waive any rights to object to or challenge the appropriateness of said forums. You agree to accept service of process by mail pursuant to the notice provisions hereunder and waive any and all objections to venue, jurisdiction or service of process. These TOS will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
No Class Action; etc.
CLASS ACTION WAIVER: YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
- You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected].
No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact. You may contact us at the following address: The Podglomerate LLC, 31-09 31st Ave, 1st FL, New York, NY 11106.
Effective Date of Terms of Service: January 10, 2019.