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Terms of Service | {THE AND} App

TSD Digital, LLC

 

Terms of Service

 

Last Modified: October 1, 2019

Update Log: N/A

 

THESE TERMS OF SERVICE are entered into by and between TSD Digital, LLC., a Delaware limited liability company (“TSD”) and the user (“User,” “you,” or “your”) (TSD and User each a “Party” and collectively, the “Parties”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of www.theand.us (the “Website”), and The {    } And mobile application and any other services or features available on or through the same or the Website (collectively defined herein as the “Application”). The Application is a copyrighted work belonging to TSD.

 

IF YOU USE THE APPLICATION IN ANY FORM, YOU ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF SERVICE AND TSD PRIVACY POLICY, WHICH CAN BE FOUND HERE [Insert link to Privacy Policy] AND WHICH IS EXPRESSLY INCORPORATED HEREIN (THE “PRIVACY POLICY”). PLEASE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE APPLICATION. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE APPLICATION.

 

The Application is offered and available to Users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Application, you represent and warrant that you are of legal age to form a binding contract with TSD and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.

 

Changes to the Terms of Service

 

            TSD may revise and update these Terms of Service from time to time in TSD’s sole discretion and timing upon a notification on the Application. All revisions, updates, or changes are effective immediately when TSD posts them to the Application and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on or prior to the date the revision, update, or change is posted on the Application. Your continued use of the Application following the posting of revised, updated, or changed Terms of Service means and constitutes your acceptance and agreement to the revision(s), update(s), or change(s). You are expected to check, read, and agree to this page when TSD sends you a notification on the Application or through email, prior to continuing to access or utilize the Application so you are aware of any revision, update, or change, as they are binding on you.

 

Application Access

 

            TSD reserves the right to withdraw or amend the Application, and any product, service, or material TSD provides on the Application, in TSD’s sole discretion without notice. TSD will not be liable to you if, for any reason, any part of or the entire Application is unavailable for your access or use at any time or for any period. From time to time, TSD may restrict access to some parts of the Application or the entire Application.

 

No Professional Advice

 

The information contained in or made available through the Application (including, but not limited to, information contained on message boards, in text files, in video files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, physiological, or legal matters. TSD and its licensors, suppliers, employees, and contractors make no representations or warranties concerning any action or application of information or preparation by any person following the information offered or provided within or through the Application. NEITHER TSD NOR ITS PARTNERS, AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, OR ANY OF THEIR AFFILIATES, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH.

 

You are responsible and accountable for your decisions, actions, and results thereof, and by your use of the Application, you agree not to attempt to hold TSD liable for any such decisions, actions, or results, at any time, under any circumstance.

           

Payment Terms

 

            You acknowledge and agree that you will pay for the portions of the Application for which there is a charge, and that TSD or its third-party payment processor may charge your credit card, debit card, or other account or method of payment, as provided by you at the time of purchase or at another time, including any taxes, late fees, and any other charges, costs, or fees associated therewith, that may be accrued or payable by you in connection with the Application. If you fail to pay any amount owed to TSD for use of all or any portion of the Application, you may lose access to that portion or the entire Application.

 

Prohibited Uses

 

You may use the Application only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Application for any of the following:

 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (see Content Standards below) set out in these Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material (without TSD’s prior written consent), including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate TSD, an employee or representative of TSD, another User, or any other person or entity (including, without limitation, by using e-mail addresses or User screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or that, as determined by TSD, may harm TSD or Users of the Application or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.
  • Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
  • Use any manual process to monitor or copy any of the material on the Application or for any other unauthorized purpose without TSD’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Application.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application.
  • Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Application.

 

Intellectual Property Rights

 

The Application and its entire contents, features, and functionality (including, but not limited to, all information, source code, algorithms, software, text, displays, images, video and audio, cards and card content, and the design, selection, and arrangement thereof), are wholly owned by TSD, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These Terms of Service permit you to use the Application in accordance with these Terms of Service only. These Terms of Service do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Application or any intellectual property rights owned by TSD. TSD, TSD’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TSD or its affiliates or licensors. You must not use such marks without the prior written permission of TSD. All other names, logos, product and service names, designs, and slogans on the Application are the trademarks of their respective owners.

 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from the Application, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

 

You must not:

 

  • Modify copies of any materials from the Application.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Application.

 

If you print, copy, modify, or otherwise use or provide any other person with access to any part of the Application in breach of these Terms of Service, your right to use the Application will cease immediately and you must, at TSD’s option and direction, return or destroy any copies of the materials you have made. Any use of the Application not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

 

Copyright

 

            TSD respects the intellectual property of others and asks that users of the Application do the same. In connection with the Application, TSD has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of the Users is, through the use of the Application, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to TSD. Please let TSD know as soon as possible. Please send the following information to TSD using the contact information set forth at the end of these Terms of Service:

 

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work(s) that you claim to have been infringed;
  3. Identification of the material on the Application that you claim is infringing and that you request to remove;
  4. Sufficient information to permit TSD to locate such material;
  5. Your address, telephone number, and e-mail address;
  6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the owner, its agent, or under applicable law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material facts (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by TSD in connection with the written notification and the allegation of copyright infringement.

 

User Contributions

 

The Application may, now or in the future, contain areas where Users may post, without limitation, reviews, comments, videos, photos, and other content, and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Application. All User Contributions must comply with the Content Standards set out in these Terms of Service.

 

Any User Contributions you Post to the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant TSD and its affiliates and service providers, its licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent, warrant, and covenant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to TSD; (b) all of your User Contributions do and will comply with these Terms of Service; (c) your User Contributions, and any third party or User’s access or use of the same, are authorized by any third party and applicable government agency who owns or possesses any right or interest in or underlying the objects or property described therein; and (d) all User Contributions provided by you are accurate and complete in their requirement to satisfy the foregoing described representations and warranties.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TSD, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. TSD is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Application.

 

Monitoring and Enforcement: TSD reserves the right to (1) remove or refuse to post any User Contributions for any or no reason in its sole discretion, and/or (2) take any action with respect to any User Contribution that TSD deems necessary or appropriate in its sole discretion.

 

Without limiting the foregoing, TSD has the right to fully cooperate with any law enforcement authorities or court order requesting or directing TSD to disclose the identity or other information of anyone posting any materials on or through the Application. NOTWITHSTANDING ANY OTHER TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, YOU WAIVE, RELEASE, AND SHALL INDEMNIFY AND RELEASE AND HOLD HARMLESS TSD AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Notwithstanding the foregoing, TSD does not undertake to review all material or User Contributions before they are Posted on the Application, and cannot ensure prompt removal of objectionable, inaccurate, or incomplete material after it has been Posted. Accordingly, TSD assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. TSD has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

 

These content standards apply to any and all User Contributions and use of the Application. You represent, warrant, and covenant that your User Contributions will, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions shall not:

 

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on, without limitation, race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property, or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service or the Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by TSD or any other person or entity, if this is not the case.

 

Reliance on Information Posted

 

The information presented on or through the Application is made available solely for general information purposes. TSD does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. TSD DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE APPLICATION, USER OF THE APPLICATION, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

 

The Application may include content provided by third parties, including materials or User Contributions provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TSD, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of TSD. TSD is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or other Users.

 

Information About You and Your Visits to the Application

 

All information TSD collects on or through the Application are subject to the Privacy Policy. By using the Application, you consent to all actions taken by TSD with respect to your information in compliance with the Privacy Policy.

 

Online Purchases and Other Terms and Conditions

 

The Application may from time to time include the ability of Users to purchase products or services through the Application. All purchases through the Application or other transactions for the sale of goods or services formed through the Application or as a result of visits made by you are governed by these Terms of Service. Additional terms and conditions may also apply to specific portions, services, or features of the Application from time to time. All such additional terms and conditions, whether now in existence or created in the future, are hereby incorporated by this reference into these Terms of Service.

 

Linking to the Application and Social Media Features

 

You may link to the Application’s homepage, provided you do so in a way that is fair and legal and does not damage TSD’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on TSD’s part without TSD’s express written consent.

 

This Application may provide certain social media features that enable you to:

 

  • Link from your own or certain third-party websites to certain content on the Application.
  • Send e-mails or other communications with certain content, or links to certain content, on the Application.
  • Cause limited portions of content on the Application to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use the Application features solely as they are provided by TSD and solely with respect to the content they display. Subject to the foregoing, you must not:

 

  • Establish a link to the Application from any website that is not lawfully owned by you.
  • Cause the Application or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
  • Link to any part of the Application other than the homepage.
  • Otherwise take any action with respect to the materials on the Application that is inconsistent with any other provision of these Terms of Service.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with TSD in causing any unauthorized framing or linking immediately to cease. TSD reserves the right to withdraw linking permission without notice. TSD may disable all or any social media features and any links at any time without notice in TSD’s sole discretion.

 

Links from the Application

 

If the Application contains links to other sites and resources provided by third parties, TSD provides these links for your convenience only, including links contained in advertisements, including banner advertisements and sponsored links. TSD has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Relationship of the Parties and Providers

 

            Users are not employees or agents of TSD or any other User. The relationship between TSD and a User is that of service provider/user. No brokerage, agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms of Service, regardless of what User Contributions are provided to the Application.

 

Affiliate Marketing Disclosure

 

            TSD accepts or may in the future accept forms of cash advertising, sponsorship, paid insertions, or other forms of compensation. Some links found on the Application may be affiliate links that allow you to purchase products or services from other companies through advertisements on the Application (“Affiliate Links”). TSD may receive compensation for purchases made through these Affiliate Links.

 

Miscellaneous

 

Geographic Restriction: TSD provides this Application for use only by persons located in the United States. TSD makes no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

International Users: The Application is controlled, operated, and administered by TSD from TSD’s offices within the United States of America. If you access the Application from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the Application in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

Disclaimer of Warranties: EXCEPT AS OTHERWISE PROVIDED, THE APPLICATION IS MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. TSD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

 

Limitation of Liability: You acknowledge that, unless expressly stated on the Application, all User Contributions are provided by independent Users, not by TSD. ACCORDINGLY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, TSD HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION OR USER CONTRIBUTIONS PROVIDED TO YOU BY SUCH USER THROUGH THE APPLICATION.

 

UNDER NO CIRCUMSTANCES WILL TSD’S LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE EXCEED THE AMOUNT CHARGED TO THE PARTICULAR USER FOR THE APPLICATION, IF ANY. IN ADDITION, IN NO EVENT WILL TSD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, MEMBERS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION, SERVICES, OR ONLINE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, DEATH, DISABILITY, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy.

 

Indemnification: You agree to defend, indemnify, and hold harmless TSD, its affiliates, licensors, and service providers, and its and their respective officers, managers, members, employees, contractors, agents, representatives, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Application, including, but not limited to, your User Contributions, any use of the Application’s content, services, or products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Application.

 

Governing Law: These Terms of Service and the relationship between you and TSD will be governed by the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule whether of the State of Delaware or any other jurisdiction.

 

Dispute Resolution and Arbitration Agreement (this “Arbitration Agreement”).

           

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration or litigation, You and TSD each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. TSD will contact you at the email address you have provided to TSD; You can contact TSD’s customer service team by emailing TSD. If after a good faith effort to negotiate, one of the parties feels the dispute has not and cannot be resolved informally, the party intending to pursue dispute resolution agrees to notify the other party via email prior to initiating arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

 

Agreement to Arbitrate. You and TSD mutually agree that any disputes will be settled by binding arbitration. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to the dispute, you and TSD agree that the arbitrator will decide that issue.

 

Exceptions to Arbitration Agreement. You and TSD each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction only in the State of Delaware or the Commonwealth of Virginia: (i) Any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

 

Modification of AAA Rules. Attorneys’ Fees and Costs.You and TSD each agree that either party may be entitled to seek an award of attorneys’ fees and expenses if they prevail in arbitration, to the extent provided under applicable law and the AAA rules.

 

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

 

Jury Trial Waiver. You and TSD acknowledge and agree that you and TSD are each waiving the right to a trial by jury as to arbitrable disputes.

 

No Class Actions or Representative Proceedings. You and TSD acknowledge and agree that you and TSD are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disputes. Further, unless you and TSD both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such dispute.

 

Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, other than as otherwise provided above, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

 

No Assignment: You may not assign your rights under these Terms of Service without TSD’s prior written consent, and any attempted assignment will be null and void.

 

Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver: No failure by TSD to enforce any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TSD to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

Severability: If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

Entire Agreement: These Terms of Service, including all documents incorporated herein by reference, including the Privacy Policy, constitute the sole and entire agreement between you and TSD with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Application.

 

Notices. TSD may give notice to you by email or other reasonable means. You shall give notice to TSD by certified mail (postage pre-paid and return receipt requested) to:

 

            Skin Deep Media Corp.

            Attn: Legal

                                                           

                                                                                                          

 

 

QUESTIONS. Please contact TSD with any questions regarding these Terms of Service by emailing at: [INSERT EMAIL ADDRESS].