Terms of Service
Updated April 14, 2021
THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE
https://www.myzosi.com/ (the “SITE” or
“site”), WHICH IS PROVIDED BY TEST KITCHEN, INC., ITS
AFFILIATES OR AGENTS (referred to as “COMPANY,”
“US,” “WE,” or “OUR”
below), AND APPLY TO ALL USERS VISITING THE SITE BY ACCESS OR USING THE
SITE IN ANY WAY, INCLUDING THE SERVICES AND RESOURCES AVAILABLE OR
ENABLED VIA THE SITE (EACH A “SERVICE”). BY ACCESSING
THIS SITE, COMPLETING THE REGISTRATION PROCESS, BROWSING THE SITE,
AND/OR PURCHASING PRODUCTS FROM THE SITE, YOU ARE INDICATING YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE. YOU REPRESENT
THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF
SERVICE; YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US; AND
YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR
ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT
COMPANY TO THE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL
OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN REGISTERED
ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE,
YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THE TERMS OF SERVICE WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL
PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S
THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE
AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH
SUBSCRIPTION SUBSECTION BELOW.
PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION, FOUND AT THE END OF
THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE
MAY HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION,
ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF
THIS AGREEMENT. IN PARTICULAR, THE DISPUTE RESOLUTION SECTION CONTAINS
AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE
DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: YOU WILL ONLY BE
PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL
BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING; AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A
COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE
GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF COLORADO,
CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO
ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER
JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Your use of, and participation in, certain Services may be subject to
additional terms (“Supplemental Terms”) and such
Supplemental Terms will either be listed in the Terms of Service or will
be presented to you for your acceptance when you sign up to use the
supplemental Service. If the Terms of Service are inconsistent with the
Supplemental Terms, the Supplemental Terms shall control with respect to
such Service. The Terms of Service and any applicable Supplemental Terms
are referred to herein as the “Terms of Service.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE
DISCRETION AT ANY TIME. PLEASE REGULARLY CHECK THE SITE TO VIEW THE
THEN-CURRENT TERMS.
When changes are made, Company will make a new copy of the Terms of
Service available at the site and any new Supplemental Terms will be
made available from within, or through, the affected Service on the
site. We will also update the “Last Updated” date at the top of the
Terms of Service. If we make any material changes, and you have
registered with us to create an Account (as defined in the Registration
section below) we will also send an e-mail to you at the last e-mail
address you provided to us pursuant to the Terms. Any changes to the
Terms will be effective immediately for new users of the site and/or
Services and will be effective thirty (30) days after posting notice of
such changes on the site for existing users, provided that any material
changes shall be effective for users who have an Account with us upon
the earlier of thirty (30) days after posting notice of such changes on
the site or thirty (30) days after dispatch of an e-mail notice of such
changes to Registered Users (defined in the Registration section below).
We may require you to provide consent to the updated Terms in a
specified manner before further use of the site and/or the Services is
permitted. If you do not agree to any change(s) after receiving a notice
of such change(s), you must stop using the site and/or the Services.
Otherwise, your continued use of the site and/or Services constitutes
your acceptance of such change(s).
Privacy Policy
Please see our
PRIVACY POLICY for
additional terms that govern your use of this web site.
Access To This Site THIS SITE IS INTENDED FOR USERS EIGHTEEN (18)
YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT
USE OR ACCESS THIS SITE FOR ANY REASON AND PLEASE EXIT THIS SITE
IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU.
YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN
TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER
YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
To access this site or some of the resources it has to offer, you may be
asked to provide certain registration details or other information. It
is a condition of your use of this site that all the information you
provide on this site will be your correct, current, and complete
information. If our Company believes the information you provide is not
correct, current, or complete or is an impersonation of someone else, we
have the right to refuse you access to this site or any of its
resources, to terminate or suspend your access at any time, and delete
any comments you have posted, all without prior notice.
1. Use of the Services and Company Properties.
The Site, the Services, the Content (defined in the License to Use the
Site section), and the information and content available on the site and
in the Services (as these terms are defined herein) (collectively, the
“Company Properties”) are protected by copyright laws throughout the
world. Subject to the Terms of Service, Company grants you a limited
license to reproduce portions of Company Properties for the sole purpose
of using the Services for your personal or internal business purposes.
2. Registering Your Account.
In order to access certain features of Company Properties you may be
required to become a Registered User. For purposes of the Terms of
Service, a “Registered User” is a user who has registered an account on
the site (“Account”).
3. Security.
Any passwords used for the Account for this site are for individual use
only. You will be responsible for the security of your password (if any)
and you agree to accept responsibility for all activities that occur
under your account or password. We have the right to monitor your
password and, at our discretion, require you to change it. If you use a
password that we consider insecure, we will have the right to require
the password to be changed and/or terminate your Account. You are
prohibited from using any services or facilities provided in connection
with this site to compromise security or tamper with system resources
and/or accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools,
or network probing tools) is strictly prohibited. If you become involved
in any violation of system security, we have the right to release your
details to system administrators at other sites in order to assist them
in resolving security incidents. We reserve the right to investigate
suspected violations of these Terms of Service, and we reserve the right
to fully cooperate with any law enforcement authorities or court order
requesting or directing us to disclose the identity of anyone posting
any Submission that is believed to violate these Terms of Service.
4. Registration Data.
In registering an account on the site, you agree to provide true,
accurate, current and complete information about yourself as prompted by
the registration form (the “Registration Data”); and
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. You represent that you are at least
eighteen (18) years old; of legal age to form a binding contract; and
not a person barred from using Company Properties under the laws of the
United States, your place of residence or any other applicable
jurisdiction. You are responsible for all activities that occur under
your Account. You agree that you shall monitor your Account to restrict
use by minors, and you will accept full responsibility for any
unauthorized use of Company Properties by minors. You may not share your
Account or password with anyone, and you agree to notify Company
immediately of any unauthorized use of your password or any other breach
of security; and exit from your Account at the end of each session. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or Company has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Company
has the right to suspend or terminate your Account and refuse any and
all current or future use of Company Properties (or any portion
thereof). You agree not to create an Account using a false identity or
information, or on behalf of someone other than yourself. You agree that
you shall not have more than one Account. Company reserves the right to
remove or reclaim any usernames at any time and for any reason,
including but not limited to, claims by a third party that a username
violates the third party’s rights. You agree not to create an Account or
use Company Properties if you have been previously removed by Company,
or if you have been previously banned from any of Company Properties.
5. Your Account.
Notwithstanding anything to the contrary herein, you acknowledge and
agree that you shall have no ownership or other property interest in
your Account, and you further acknowledge and agree that all rights in
and to your Account are and shall forever be owned by and inure to the
benefit of Company.
6. Fees and Payment Terms.
You agree to pay all fees or charges to your Account in accordance with
the fees, charges, and billing terms in effect at the time a fee or
charge is due and payable. You must provide Company with a valid credit
card (Visa, MasterCard, Discover, American Express, or any other issuer
accepted by us). By providing Company with your credit card number and
associated payment information, you agree that Company, and its
third-party service provides for payment services are authorized to
immediately invoice your Account for all fees and charges due and
payable to Company hereunder and that no additional notice or consent is
required. You agree to immediately notify Company of any change in your
billing address or the credit card used for payment hereunder. Company
reserves the right at any time to change its prices and billing methods,
either immediately upon posting on Company Properties or by e-mail
delivery to you.
7. Taxes.
The Company’s fees are net of any applicable Sales Tax. If any Services,
or payments for any Services, under the Terms of Service are subject to
Sales Tax in any jurisdiction and you have not remitted the applicable
Sales Tax to Company, you will be responsible for the payment of such
Sales Tax and any related penalties or interest to the relevant tax
authority, and you will indemnify Company for any liability or expense
we may incur in connection with such Sales Taxes. Upon our request, you
will provide us with official receipts issued by the appropriate taxing
authority, or other such evidence that you have paid all applicable
taxes. For purposes of this section, “Sales Tax” shall mean any sales or
use tax, and any other tax measured by sales proceeds, that Company is
permitted to pass to its customers, that is the functional equivalent of
a sales tax where the applicable taxing jurisdiction does not otherwise
impose a sales or use tax.
8. Withholding Taxes.
You agree to make all payments of fees to Company free and clear of, and
without reduction for, any withholding taxes. Any such taxes imposed on
payments of fees to Company will be your sole responsibility, and you
will provide Company with official receipts issued by the appropriate
taxing authority, or such other evidence as we may reasonably request,
to establish that such taxes have been paid.
9. Third Party Provider.
The Company uses third party service providers for payment services
(e.g., card acceptance, merchant settlement, and related services). By
buying or selling on the Company Properties, you agree to be bound by
such third-party service providers Terms of Service and Privacy Policies
and hereby consent and authorize the Company and all third party service
providers to share any information and payment instructions you provide
to the minimum extent required to complete your transactions.
10. Payment.
Charges to your credit card will appear as "Test Kitchen, Inc.". We
gladly accept Visa, Mastercard, Discover, and American Express.
11. Shipping and Delivery.
The Company strives to process and ship all orders received within one
(1) business day Monday-Friday, excluding holidays. Orders placed on the
weekends and holidays are typically shipped the following business day.
We are pleased to offer Free Ground Shipping & Handling within the U.S.
for all orders over $100.00. On orders less than $100.00 within the
U.S., Shipping & Handling is a flat rate of $8.99. Ground Shipping
generally takes 7-10 business days from the time an order is placed to
arrive at your door.
If you select one of our Expedited Shipping & Handling options (2nd Day
or Next Day Air), we will fulfill any orders placed before 12pm MST the
same business day, otherwise they will be shipped the next day. This
excludes weekends and holidays within the United States.
International shipping is subject to a flat rate of $22.50.
International orders can take 3-5 days to process as some packages may
require additional declarations to clear customs. Packages can take 3-5
weeks for delivery and may incur customs fees. These fees are the
responsibility of the customer.
Tracking information for your delivery will be sent via email once your
order has been processed. If you are experiencing delivery issues, we
request that you reach out to your local post office with your tracking
number to see what insight can be provided or submit a claim online.
The Company cannot be held responsible for any delivery issues that are
related to incorrectly entered or unverified addresses. Additional
shipping charges will be applied should your package need to be resent
due to an incorrectly entered address or unclaimed/unpaid customs fees.
No charges will be made without customer authorization.
If you have additional Shipping & Handling questions, please call us at
info@tkbrands.co.
12. Product Returns.
We carefully inspect each order before shipment. Any order issues must
be reported within 5 days of delivery, this includes any incorrect,
missing, or damaged products. Reach out to info@tkbrands.co with order
number, photographs, and any feedback regarding packaging.
We accept unopened products for a full refund if returned within 30 days
of purchase date. You must initiate your return via info@tkbrands.co.
We cannot accept returns on any opened product due to strict guidelines
and we do not accept returns due to taste. Our products are made using
natural plant extracts which can vary in color and flavor.
13. License to Use the Site.
Subject to your compliance with these Terms of Service, we, or our
content providers (as applicable), grant you a limited, non-exclusive,
non-transferable, non-sublicensable license to access and make personal
and non-commercial use of the materials and content (collectively, the
“Content”) on this Site. This license does not allow
you to resell or make any commercial use of the Site, its Contents or
our products sold through the Site; make any derivative use of any of
our Content; download, copy, or other use any account information for
the benefit of any third party; or use any data mining, robots, or
similar data gathering and/or extraction tools. All rights not expressly
granted to you in these Terms of Service are reserved and retained by us
or our licensors, suppliers, publishers, rights-holders, or other
content providers. No Content on, or product sold through, this Site may
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without our prior express written
consent. You may not misuse our products or Content. You may use our
Site only as permitted by law and these Terms of Service. The licenses
we have granted you terminate if you do not comply with these Terms of
Service.
14. Restrictions On Use.
You may use this site only for the purposes expressly permitted by this
site. You may not use this site for any other purpose, including any
commercial purpose, without our express prior written consent. For
example, you may not (and may not authorize any other party to: co-brand
this site; frame or use framing techniques to enclose any of our or our
Content owner’s trademarks, logos, or other proprietary information
(including images, text, page layout, or form); hyperlink to this site;
or use any meta tags or any other "hidden text" using our name or
trademarks without the express prior written permission of one of our
authorized representatives. For purposes of these Terms of Service,
“co-branding” means to display a name, logo, trademark, or other means
of attribution or identification of any party in such a manner as is
reasonably likely to give a user the impression that associates our
product with someone other than us or that such other party has the
right to display, publish, or distribute this Site or Content accessible
within this site. You agree to cooperate with our Company in causing any
unauthorized co-branding, framing, or hyperlinking to cease immediately.
No material from this site may be modified, translated, decompiled,
disassembled, broadcast, licensed, sublicensed, transferred, sold,
mirrored, framed, exploited, rented, leased, copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way.
15. Proprietary Information.
The Content accessible from this site, and any other World Wide Web site
owned, operated, licensed, or controlled by us is our proprietary
information or the proprietary information of the party that provided
the Content to us, and we or the party that provided the Content to us
retains all right, title, and interest in the Content. Accordingly, the
Content may not be copied, distributed, republished, uploaded, posted,
displayed or transmitted in any way without our prior written consent,
or unless authorized in writing elsewhere on our site, except that you
may print out a copy of the Content solely for your personal use. In
doing so, you may not remove or alter, or cause to be removed or
altered, any copyright, trademark, trade name, service mark, or any
other proprietary notice or legend appearing on any of the Content.
Modification or use of the Content except as expressly provided in these
Terms of Service violates our intellectual property rights. You do not
obtain title or any rights, including but not limited to intellectual
property rights, to any of the Content as a result of accessing this
site.
16. Hyperlinks.
This site may be hyperlinked to other sites which are not maintained by,
or related to, us. Hyperlinks to such sites are provided as a service to
our users and are not sponsored by or affiliated with this site or with
us. We have not reviewed such sites and are not responsible for the
Content of those sites. Hyperlinks are to be accessed at your own risk,
and we make no representations or warranties about the Content,
completeness or accuracy of these hyperlinks or the sites hyperlinked to
this site. Further, the inclusion of any hyperlink to a third-party site
does not necessarily imply that we endorse that site.
17. Health Information.
Any statements on this site or any materials or products we distribute
or sell have not been evaluated by the Food and Drug Administration (the
“FDA”). Neither the products nor the ingredients in any
of the products available on the site have been approved or endorsed by
the FDA or any regulatory agency. The products on the site are not
intended to diagnose, treat, cure, or prevent any disease. The
information on this site or other materials we may provide to you are
designed for educational purposes only and are not intended to be a
substitute for informed medical advice or care. This information should
not be used to diagnose or treat any health problems or illnesses
without consulting a doctor. If you are pregnant, nursing, taking
medication, or have a medical condition, we suggest consulting with a
physician before using any of our products.
18. Submissions.
You hereby grant to us and our affiliates a license-free, royalty-free,
perpetual, irrevocable, worldwide, non-exclusive, transferable, fully
sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform,
and display all Content, remarks, suggestions, ideas, graphics, or other
information you communicate to us through this site (together, the
“Submission”) throughout the world in any media, and to
incorporate any Submission in other works in any form, media, or
technology now known or later developed. You represent and warrant that
you own or control all of the rights to your Submissions. We will not be
required to treat any Submission as confidential, and may use any
Submission in our business (including, but not limited to, for products
or advertising) without incurring any liability for royalties or any
other compensation of any kind, and we will not incur any liability as a
result of any similarities that may appear in our future operations. We
will treat any personal information that you submit through this site in
accordance with our Privacy Policy as set forth on this site.
19. Disclaimer.
You understand that we cannot and do not guarantee or warrant that files
available for downloading from the Internet will be free of viruses,
worms, Trojan horses, or other code that may manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external
to this site for the reconstruction of any lost data. We do not assume
any responsibility or risk for your use of the Internet. The Content is
not necessarily complete and up-to-date and should not be used to
replace any written reports, statements, or notices we have provided.
Investors, borrowers, and other persons should use the Content in the
same manner as any other educational medium and should not rely on the
Content to the exclusion of their own judgment. Information obtained by
using this site is not exhaustive and does not cover all issues, topics,
or facts that may be relevant to your goals.
YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN RISK. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND
“AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT.
Except for the warranty found on our Site (which is incorporated herein
by reference), we make no warranty, express or implied, that the Site,
Services or any services, products, or information obtained on or
through the site will meet your requirements or will be uninterrupted,
timely, secure, or error free, that defects will be corrected, or that
this site or the server that makes it available are free of viruses or
other harmful components. We do not warrant or make any representation
regarding use, or the result of use, of the Content in terms of
accuracy, reliability, or otherwise. The Content may include technical
inaccuracies or typographical errors, and we may make changes or
improvements at any time. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL
SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE
ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES
THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND
WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN THE CONTENT. All of the information in this site, whether historical
in nature or forward-looking, speaks only as of the date the information
is posted on this site, and we do not undertake any obligation to update
such information after it is posted or to remove such information from
this site if it is not, or is no longer, accurate or complete. This
section does not affect in any way our return policy or limited warranty
for goods purchased on the site. If for any reason you are not satisfied
with a purchase you make on the site, please return it in accordance
with the terms of our return policy or limited warranty, as applicable.
We shall be not held liable for any improper or incorrect use of the
information, Services, or products purchased on this site and assume no
responsibility for anyone's use of the information, Services, or
products purchased on this site. We will not be liable if you or anyone
to whom you provide the products purchased on our site is exposed to or
comes in contact with any item to which you or the other person is
allergic. We shall not be held liable for any direct or indirect damages
caused in any way through the use of information or services on this
site. This includes but is not limited to procurement or substitute
goods or services; loss of use, data, or profits; or business
interruption. This disclaimer of liability applies to any damages or
injury which may be perceived by you, the site user, to be caused by the
information or services on this site, or by using this site.
20. Limitation of Liability and Disclaimer of Certain
Damages.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE
LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH
COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR
USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY
PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: THE USE OR
INABILITY TO USE COMPANY PROPERTIES; THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS
ENTERED INTO THROUGH COMPANY PROPERTIES; UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON COMPANY PROPERTIES; OR ANY OTHER MATTER RELATED TO
COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON
LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR DEATH OR
PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FORANY INJURY
CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
21. Liability Cap.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR COMPANY PARTIES,
TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, OR OTHERWISE) EXCEED THE LESSER OF $200 OR THE AMOUNT YOU HAVE
PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF
WHICH LIABILITY AROSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
22. Indemnity.
You will indemnify and hold us and our subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents,
officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses,
attorney’s fees and expert witness fees (collectively,
“Losses”) relating to or arising out of: any breach of
these Terms of Service by you, including any use of Content other than
as expressly authorized in these Terms of Service; your Submissions to,
use of or inability to use, the Company Properties; your use of the
products purchased on the site; or violation of any applicable laws,
rules or regulations. You agree that the Indemnified Parties will have
no liability in connection with any such breach or unauthorized use, and
you agree to indemnify any and all resulting loss, damages, judgments,
awards, costs, expenses, attorney’s fees and expert witness fees of the
Indemnified Parties in connection therewith. You will also indemnify and
hold the Indemnified Parties harmless from and against any claims
brought by third parties arising out of your use of the information
accessed from this Site or the purchase of any products. You agree that
the provisions in this section will survive any termination of your
Account, the Terms of Service, or your access to Company Properties.
23. Ownership; Trademarks and Copyrights.
Except with respect to your Submissions and the Submissions of other
users, you agree that Company and its suppliers own all rights, title,
and interest in Company Properties. You will not remove, alter, or
obscure any copyright, trademark, service mark or other proprietary
rights notices incorporated in or accompanying the Site, the Services,
or Company Properties. Trademarks, service marks, logos, graphics,
images, HTML, codes, multimedia clips, Java codes, button icons, banners
and software appearing in this site are our property or the property of
the party that provided the trademarks, service marks, logos, or
copyrighted material to us. We, and any party that provided any of the
foregoing to us, retain all rights with respect to any of our or their
respective trademarks, service marks, logos and copyrighted material
appearing in this site. Our trademarks and trade dress may not be used
in connection with any product or service that is not ours, in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits us.
24. Notice and Procedure for Making Claims of Copyright
Infringement.
If you believe that your copyrighted work has been used or displayed on
our Site in a way that constitutes copyright infringement, please report
the alleged infringements by completing the following steps and by
notifying our Designated Agent listed below. Pursuant to Title 17,
United States Code, Section 512(c)(2), all notifications of claimed
copyright infringement should be sent ONLY to our Designated Agent. The
Notification of Claimed Infringement must include the following: