Terms of Service and Rules
Last revised on April 4, 2016
Grief In Common, LLC or www.griefincommon.com (the "Company"), shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of this Agreement without notice or liability to you. Any changes to this Agreement shall be effective immediately following the posting of such changes on this Website. You agree to review this Agreement from time to time and agree that any subsequent use by you of this Website following changes to this Agreement shall constitute your acceptance of all such changes.
- By accessing the Website, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact us: firstname.lastname@example.org.
- THE SERVICES AVAILABLE FROM THE COMPANY ARE NOT INTENDED AS A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND YOU ARE RESPONSIBLE FOR OBTAINING SUCH MEDICAL OR OTHER PROFESSIONAL ADVICE AS APPROPRIATE. IF YOU FEAR THAT YOUR GRIEF HAS OR COULD TRIGGER THOUGHTS THAT POSE A THREAT TO YOURSELF OR OTHERS, WE URGE YOU TO IMMEDIATELY SEEK PROFESSIONAL ADVICE.
3. Membership and Subscription.
You may register as a Member only after completion of a subscription form and payment of the initial membership fee. Please refer to Section 10 of this Agreement. As a Member, you may use all of the features and services available within the Service, including the ability to communicate with other Members that are subscribers; however you must become a paying subscriber to the Service. In the event that you fail to remit monthly dues for two (2) consecutive calendar months, your membership shall be terminated without notice to you.
The subscription and membership policies that are disclosed to you when you subscribe to the Service are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are (i) not a subscriber, you will not be able to use all the features and services available within the Service, including communicating with other Members, and (ii) former Members who are not currently subscribers will not be able to use the Service to communicate with you. A Member profile may remain posted on the Website only if that Member is actively using the Service as a Member. A Member's profile may be deleted upon failure to satisfy membership dues or violation of Website use rules or policies, including, without limitation, creation of inappropriate Content (hereinafter defined). You acknowledge that although a Member's profile may be viewed, you may not be able to use the Service to communicate with that Member for a variety of reasons.
4. Term and Termination.
This Agreement will remain in full force and effect while you use the Service and/or are a Member.
You may change or cancel your membership at any time, for any reason, by following the instructions on the "change/cancel membership" or similar page on your "Account Settings" page. You may also cancel your membership by sending the Company written notice of cancellation to karnold@griefincommon. If you cancel your membership via the Website, we may ask you to provide a reason for your cancellation. If you cancel your membership, the Company requires a reasonable amount of time to process the action. If you cancel your membership, you will enjoy membership benefits until the end of your then current membership commitment, following which your membership benefits will expire. However, in no event will you be eligible for a refund of any portion of the membership fees paid for the then-current membership commitment.
If you become a Member and elect to hide your profile, other Members will not be able to view your profile until you "unhide" your profile. If you cancel your membership or your membership is cancelled for lack of payment or breach of these Website Terms, your profile will be removed, and other Members will not be able to view your profile. You will be able to use your current registration information to "unhide" your profile and reactivate your membership for one year. A Member can hide his or her profile or cancel his or her membership and remove their profile at any time by following the instructions contained on the "Account Settings" page on the Website.]
The Company may terminate or suspend your membership in the Service at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused membership fees and, if applicable, all unpaid membership amounts and other fees you owe will immediately be due. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
IN USING THIS WEBSITE AND UPLOADING DATA AND INFORMATION, YOU ARE AFFIRMING THAT YOU ARE 18 YEARS OF AGE OR OLDER. VISITORS TO THIS WEBSITE UNDER THE AGE OF 18 MAY NOT REGISTER OR OTHERWISE MAKE USE OF THIS WEBSITE.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
5. Non-Commercial Use of Website by Members.
The Website and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services, or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Website as a subscribing Member but can view free content made available. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of stopping unsolicited email and unauthorized framing of or linking to the Website.
6. Account Security.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.
7. Your Interactions with Other Members.
- YOU ARE SOLEY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS MADE BY ITS MEMBERS IN THEIR PROFILE OR WITHIN ANY OTHER POST. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR CONTENT OF MEMBERS OR A MEMBER'S COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- The Company is not responsible for the conduct of any Member. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person, or if you decide to reveal your home or other address or send money to another Member which the Company does not advise. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION), OR WRITE OR OTHERWISE SEND MONEY, TO OTHER MEMBERS. Please refer to the Safety Tips for Website use.
8. Your Conduct and Content Posted by You on the Website.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Website or as part of the Service, or transmit to the Company or any other Member (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by visitors to the Website or all other Members (profile, message board or blog) but may share this information by way of a private chat after referring to our Website Safety Tips. You hereby acknowledge and agree that any Content you place on the Website to be viewed by other Members may be viewed by any person visiting the Website or participating in the Service. You represent and warrant that all information that you submit upon registration as a Member is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the Website or as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website or the Company. The Company may restrict the number of emails which a Member may send to other Members to a number which we deem appropriate in our sole discretion.
In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited on the Website. You may not post, upload, display or otherwise make available Content that:
- that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- advocates harassment or intimidation of another person;
- requests money from, or is intended to otherwise defraud, other users of the Website or Service;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
- promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains video, audio photographs, or images of a person (other than a decedent) that might cast such a person in an unfavorable light or be damaging to their reputation without his or her permission (or in the case of a minor, the minor's legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission; and
- publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
The Company reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending Content or other communication from the Website or Service and terminating or suspending the membership of such violators.
Your use of the Website and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonable necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of the Company or any other person. IN THE EVENT YOU POST CONTENT THAT REASONABLY SUGGESTS TO ANOTHER MEMBER THAT YOU POSE A THREAT TO YOURSELF OR OTHERS, IT IS POSSIBLE THAT SUCH A MEMBER MAY ATTEMPT TO REPORT THEIR CONCERNS TO THE COMPANY AND THE COMPANY MAY, BUT IS NOT OBLIGATED, TO DISCLOSE YOUR ACCOUNT INFORMATION TO THIRD PARTIES IN AN EFFORT TO PROTECT YOU.
9. Prohibited Activities.
The Company reserves the right to investigate and/or terminate your membership if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Website but involve Members you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
- impersonate any person or entity.
- solicit money from any Members.
- post any Content that is prohibited by Section 8.
- "stalk" or otherwise harass any person.
- express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
- ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its contents.
- collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
- interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.
- email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software).
- "frame" or "mirror" any part of the Service or the Website, without the Company's prior written authorization.
- use meta tags or code or other devices containing any reference to the Company, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other Website for any purpose.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
10. Subscriptions; Charges on Your Billing Account.
You may register as a Member only after completion of a subscription form and payment of the initial membership fee of $4.99. Each month after your initial subscription, your membership shall be renewed for the succeeding month on the 15th day of each calendar month provided that you remain current in the payment of monthly membership dues in the amount of $4.99 per month. The Company bills you through Paypal, an online account (your "Billing Account") for use of the Service. You agree to pay the Company all charges at the prices indicated above, as may be adjusted from time to time after notification to you, using your Billing Account, and you authorize the Company to charge your chosen payment provider (your "Payment Method") through Paypal for the Service. You agree to make payment using that selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account and membership immediately. If the Company successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or membership reinstated.
Your membership will continue until cancelled by you. After your initial membership commitment period, and again after any subsequent calendar month of membership, your membership will automatically continue for an additional calendar month unless terminated earlier by the Company under the limited circumstances set forth in this Agreement. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your membership, please log in and go to "Account Settings" on the Website and follow the directions contained therein. If you cancel your membership, you may use your membership until the end of your then-current membership term; your membership will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period.
By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of any membership period. Upon the renewal of your membership, if the Company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or suspend your membership and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "Account Settings" on the Website. If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
11. Registration and Password.
You are responsible for maintaining the confidentiality of your information uploaded to the Website and your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password. Your username and password may not be transferred or assigned.
12. Use of Website Services.
The Company is only a conduit for those seeking other individuals who have had similar experiences and wish to share. The Company does not assess your needs, and the other Members are not employees, agents, or representatives of the Company. The Company has no obligation or responsibility to screen or verify the information posted by Members, it cannot and does not represent or warrant the veracity, qualifications, skills, credentials, and experience of any Member, and it does not evaluate Members or Content. You shall have the sole responsibility to verify the Members' identity, biographic information and Content. The Company does not represent or warrant that you will find another Member suitable, nothing on the Website shall be considered as a referral, endorsement, recommendation or guarantee of any Member, and the Company does not have the obligation or responsibility to screen or monitor communications between Members.
The advice, counseling, and information contained on or offered through this Website is for informational purposes only, might not be suitable for your own personal circumstances, and cannot serve as a substitute for face-to-face professional advice. Therefore, Members should not rely solely on the advice of Members, and the appropriate professionals, including physicians, should be consulted. This material is offered with the understanding that the Company assumes no responsibility or liability whatsoever on the behalf of any Member who directly or indirectly acts on the advice, counseling, and information contained on or offered through this Website or for any acts or omissions of Members. Any use of this advice, counseling, and information is solely at your own risk.
The Company and the Members are not able to deal with emergency situations. If you are facing an emergency situation, or are in need of immediate medical or psychological assistance, you must contact your own physician or counselor, or call 911.
13. Use of Forum.
This Website and the Service is provided on an as is and as available basis. The Company disclaims all responsibility and liability for the availability, timeliness, security or reliability of this Service or the failure to store or transmit any content, and reserves the right to modify, suspend or discontinue this Service with or without notice at any time and without any liability to you.
14. Intellectual Property.
By posting Content on the Website or as part of the Service, you automatically grant, and represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, excerpt (in whole or in part) modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
The Website (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of Company and is protected by copyright laws of the United States of America and other countries. "Grief In Common", and any other Company trademarks and trade names, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Company, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this Website are the property of their respective owners, and may not be used by you in any form.
The Company reserves any rights not expressly granted to you. You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the Website content in any way for any public, commercial, or non-commercial purpose. The use of the Website content on any other Website or in a networked computer environment for any purpose is prohibited.
There may be advertisements placed on this Website. By clicking on the advertisements, you may be taken to a web site of the advertiser or receive other messages, information or offers from the advertiser. You are solely liable for any actions undertaken through these outside sites, and acknowledge and agree that the Company is not liable for the privacy practices or data breach violations of advertisers or the content of their web sites, information, messages, or offers.
COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY DOES NOT EVALUATE OR GUARANTEE THE ACCURACY OR BENEFITS OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE TRANSMISSION OF FILES AND INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLYACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE COMPANY TAKES COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TO TREAT INFORMATION YOU PROVIDE TO AS CONFIDENTIAL, YOUR MEMBERSHIP OR CONTENT DOES NOT CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY COMPANY, BY ANOTHER MEMBER OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING YOUR PERSONAL EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE DATA AND INFORMATION YOU HAVE UPLOADED TO THE WEBSITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF FILES AND DATA, OR FAILURE TO STORE ANY FILES OR INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF FILES OR INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY'S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE DATA AND INFORMATION TRANSFERRED TO THE SITE.
YOU ARE RESPONSIBLE FOR ENSURING THAT THE CONTENT YOU INPUT ON THIS WEBSITE IS ACCURATE AND APPLICABLE TO YOUR PERSONAL SITUATION. NEITHER THE SOFTWARE PROVIDED NOR THE COMPANY CAN VERIFY YOUR INPUT AND THEREFORE CANNOT BE LIABLE FOR THE INACCURACY OR UNSUITABILITY OF CONTENT INPUTTED BY YOU.
BY USING THIS WEBSITE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS DISCLAIMER. ANY USE THAT YOU MAKE OF INFORMATION OBTAINED THORUGH THIS WEBSITE IS AT YOUR OWN RISK AND THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. YOU EXPRESSLY AGREE TO HOLD THE COMPANY, INCLUDING BUT NOT LIMITED TO ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND PARTNERS HARMLESS FROM ANY LOSS, HARM, INJURY, OR DAMAGE WHATSOEVER RESULTING FROM OR ARISING OUT OF ANY INFORMATION OR YOUR USE OF OR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THIS WEBSITE.
18. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU TRANSMIT. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, INCLUDING BUT NOT LIMITED TO ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE COMPANY'S WEBSITE; (II) ANY CONTENT OR OTHER MATERIAL YOU PROVIDE TO THE COMPANY'S WEBSITE THAT IS INACCURATE OR BREACHES THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; (III) ANY WEBSITE CONTENT THAT YOU USE; OR (IV) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.
20. Breach Of Agreement
TheCompany reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of membership and your ability to access this Website, without notice to you, upon any breach by you of this Agreement. Upon such action undertaken by the Company, the Company in its sole discretion, may, among its other legal remedies, retain any unused membership fees.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in the Commonwealth of Pennsylvania in connection with any action arising out of or related to this Agreement or its subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action. If any court having competent jurisdiction holds any provision of this Agreement invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect. No waiver of or failure to enforce any provision of this Agreement by the Company shall be deemed a further or continuing waiver of such provision or any other provision of this Agreement.