Terms and Conditions

 

Terms of Service

I.  Definitions and Overview

As used in this Agreement,

“Account Owner” - means the member who created the Child Custody Analytics account and whose Payment Method is charged. The Account Owner may assign sub-accounts and is responsible for all sub-accounts created by the Account Owner. The term “Account Owner” in this document pertains to all Account Owners and all Sub-Accounts. 

“Agreement – means this document and any amendments hereto.

“Child Custody Analytics Service” –means any use of the website childcustodyanalytics.com as a registered Account Owner created through a paid membership.

 “Membership” - means a membership in the Service.

“Reprints Desk” – means a third party company who provides Document Delivery Services to Account Owners at an additional cost.

“Service” -  See Section III Subsection 1 below.

Terms of Service” – means this Agreement  together with any amendments, additional  terms, and all of Our rules and policies all as may be amended from time to time.

“Us, We, Ours” – means Child Custody Analytics, LLC

“You, Your”-  means the Account Owner 

Website –means the website belonging to Us with a homepage at www.childcustodyanalytics.com and all other pages associated with that domain name and URL.

 

II.  Acknowledgement:

This Agreement governs Your use of the Service by using the service in any manner, including but not limited to visiting or browsing the website. You agree to be bound by the terms of service. We may refuse access to the Service for noncompliance with any part of this Agreement.  Notwithstanding anything to the contrary contained here, We specifically reserve the right to suspend, cancel, or terminate Your right to use the Website or Your Membership.

 

III.  Terms of Agreement

1. THE SERVICE

The Website and all features, content, and application services (including content indexing, searching, display, and use of widgets) offered from time to time thereon by Child Custody Analytics, LLC (collectively “Service”).

 

2. ELIGIBILITY

By using the Service, You represent and warrant that:

(a) You have the legal capacity and authority to agree to this Agreement; and if You are an entity rather than an individual, the individual using the service has the authority to bind the entity;

(b) Your use of the Service does not violate any applicable law or regulation.

 

3. MODIFICATIONS TO THIS AGREEMENT

In our sole discretion, we reserve the right to modify this Agreement at any time by posting a notice on the Website. 

You shall be responsible for reviewing and becoming familiar with any such modifications.  Such modifications are effective upon first posting or notification, and Your use of the Service following such posting or notification constitutes Your acceptance of the terms and conditions of this Agreement as modified.  You agree to review this Agreement regularly to ensure that You are updated as to any changes.  After completing Your registration and signing up for the subscription service this agreement and the Privacy Policy will constitute our agreement with You.

 

4. BILLING AND MEMBERSHIP

The specific details regarding Your Membership are located in this document. Basic information regarding Your Membership is on the Website under the heading “My Account”.  

4.1 Permitted Uses

You are authorized to use the Website for Your own research and analysis in furtherance of Your providing professional services to Your clients, and regular and customary psycholegal research practice use provided that in doing so You do not violate copyright protections and/or any express provision of this Agreement.

You are permitted to reproduce and distribute printouts, downloads, and any CCA content other than third-party content solely for Your own professional use as allowed under Your membership and the doctrines of "fair use" and "fair dealing". Entitlement to make copies, forward, share, or use for promotional materials in any medium is not provided by Us. The delivery of Products does not transfer to You any commercial or promotional use rights in the Products. 

If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Your right to use the Website will cease immediately and You must, at Our option, either return or destroy any copies of the foregoing materials. No right, title or interest in or to (1) the Website, (2) any content on the Website, or (3) any content or information provided to You by Us, is transferred to You.  All rights not expressly granted to You are reserved by Us. Any use of the Website, its content, or any other content or information provided to You by Us that is not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

4.1a. Limited Permission to Download. Child Custody Analytics, LLC hereby grants you permission to download, view, copy and print the Practice Essentials or any other digital document or file on any single, stand-alone computer solely for your personal, informational, or commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. (iv) for Practice Essentials with an annual license, you agree to only use that Practice Essential for 365 days. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

 

4.2 Free Trials

There are no free trials at this time.

 

4.3 Membership

We will automatically begin billing Your Payment Method for Your annual or monthly membership at the time of registration. Your annual or monthly Membership costs an annual fee payable in equal monthly installments, equal quarterly installments, or in one payment at the time of purchase.  Your monthly Membership costs a monthly fee payable every 30 days. Your Membership will automatically renew for another term of the same length, with the same payment plan unless You cancel Your Membership prior to Your annual renewal date. If the Membership is cancelled, You will be required to pay the entire amount remaining on the contract. All unpaid amounts for the remaining term of the annual Membership will be due and charged at the time of cancellation.  Connecticut Account Members will be charged sales tax (currently 1%) for Membership in compliance with CT Department of Revenue Services Sales Tax law.

 To view the specific details of Your Membership, visit the Website, log in, and click “My Account” at the top of the page and go to Account Settings. You will not receive a notice from us that Your free trial period has ended or that the paying portion of Your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE "MY ACCOUNT" AT THE TOP OF ANY  WEB PAGE OF THE WEBSITE FOR CANCELLATION INSTRUCTIONS OR E-MAIL US AT SUPPORT@CHILDCUSTODYANALYTICS.COM

We may offer a number of membership plans, including special promotional and introductory plans, pricing offers, or memberships with different limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated, “month” or “monthly” refers to Your billing cycle (See "Billing" below)

Your Membership provides You the option to order full text copywritten articles through a third-party distributor (Reprints Desk). In most instances, price estimates are listed. At the end of each month the credit card listed under the primary Account Owner will be charged in full for any outstanding balance for all articles purchased by the primary Account Owner and any sub-accounts associated with the primary Account Owner.

4.4 Billing

By starting Your Membership, You are agreeing that We are authorized to charge You a membership fee at the then current rate, and any other charges You may incur in connection with Your use of the Service to Your Payment Method (or to a different Payment Method if You change Your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against Your Payment Method. The annual Membership fee will be billed at the beginning of the paying portion of Your membership and each billing period for the full 12 months of membership. The monthly membership fee will be billed at the beginning of the paying portion of Your Membership and every 30 days thereafter. Visit our website and click on the "My Account/Order History” to see the next payment date for Your next renewal period. We automatically bill Your Payment Method each month, quarter, or year on the calendar day corresponding to the commencement of Your paying membership. Membership charges are fully earned upon payment. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, changes in sales tax law, and You authorize us to charge Your Payment Method for such varying amounts. For certain Payment Methods, the issuer of Your Payment Method may charge You a foreign transaction fee or related charges. Check with Your bank and credit card issuers for details.

Membership Payments are nonrefundable and there are no refunds or credits for partially used periods unless You are upgrading Your Membership from a solo practitioner membership to a law firm membership. At any time, and for any reason, We may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at Our sole and absolute discretion. The provision of credits in one instance does not entitle You to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give You 30 days advance notice of these changes to the primary account holder’s email. If You want to use a different Payment Method or if there is a change in Payment Method, such as Your credit card validity or expiration date, You may edit Your Payment Method information by visiting our website and clicking on the "My Account" link, available at the top of the pages of the Website. If Your Payment Method reaches its expiration date and You do not edit Your Payment Method information or cancel Your account (see, "Cancellation" below), You authorize us to continue billing that Payment Method and You remain responsible for any uncollected amounts. Regardless of placing a hold or order cancel of payment through Your credit card company, You will still be wholly responsible for the outstanding balance of Your membership. Any outstanding balance may be submitted to a 3rd party collection agency or an attorney and You understand that personal information associated with Your account will be provided to this agency for purposes of bill collection.

Your membership offers You access to the listed services on the Concierge page of the Website. Concierge is an optional consultation service not included in Your annual membership fee. It is billed hourly and the current rate is $200.00/hour. Concierge is a research consultation service, currently including, but not limited to: Psychological Article Exhibit Research, Topical Psycholegal Summaries, Customized Analytics Reports, Psychological Test Fact Sheets, “Ask An Expert” Telephone Consultation, Client Information Resources, Questions For Experts and Witnesses, Locate An Expert, and Customized Requests. Those services may change, include additions, or be eliminated in their entirety at any time by either notice on the childcustodyanalytics.com website, or by e-mail notification.  By making a request for a service listed on the Concierge page You understand that all services are billed at the then current posted rate, rounding up for any partial hour in 15 minute increments. You understand that We reserve the right to establish the completion deadline for all requests, without exception. By submitting a request for a service listed on the Concierge page, (“Place Order”) Your request will be reviewed by Us and You will be provided a written price estimate (by e-mail) for the requested service. By responding affirmatively to the price estimate in writing (e-mail, fax, letter), You authorize Us to immediately charge the full amount of such estimate to the credit card listed under the primary Account Owner associated with the member name and e-mail making the request. A final invoice will be provided upon completion by e-mail which amount may exceed the estimate, and the credit card listed under the primary Account Owner will be charged in full at the time of completion for any outstanding balance. If there is a credit, it will be refunded to the credit card under the primary Account Owner.  You understand that the actual price may vary from the price estimate and in a rare occasion the variation could be significant.

4.5 Ongoing Membership

Your Membership, which may start with a free trial period, will continue annually unless and until You cancel Your annual membership or we terminate it. You must cancel Your Membership before the expiration of Your previous Membership twelve month period in order to avoid billing of the next month's annual Membership fees to Your Payment Method. We will bill the annual Membership fee to the Payment Method You provide to us during registration (or to a different Payment Method if You change Your account information). You will be informed through Your account settings on the website and/or by e-mail no less than 30 days in advance of Your renewal date.

4.6 Passwords

The Account Owner has access and control over the Child Custody Analytics account and sub-accounts associated with the Membership. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address) associated with their account.

4.7 Cancellation

To cancel, visit Our website, log in to “My Account” and click "Order History” and “View"" and “Cancel Membership” on the Account Settings.  

4.8 Right to Terminate

We reserve the right to terminate or restrict Your use of the Service without notice and for any or no reason whatsoever. In most instances we will give You 5 calendar days notice. Except as otherwise provided in this Agreement, any Member whose Membership is terminated by Us will receive a pro rata refund of any amounts paid.

 

5. SERVICE ACCESS

Subject to Your compliance on a continuing basis with all of the terms and conditions of this Agreement, We hereby grant You permission to use the Service only as set forth in this Agreement, and provided that: 

(a)  You will not provide any part of the Service, whether in written, electronic or other form, to any other person.  Any violation of this Section 5(a) may result in immediate termination of Your account, any unused portion of Your subscription shall be deemed forfeited and no refund shall be issued.  

(b) You will not alter or modify any part of the Service other than as expressly authorized and then only for such express purpose;

(c) You will not reverse engineer any part of the Service, provided that restrictions on reverse engineering do not apply to the extent prohibited by law;

(d) You will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Service, the proper operation of the Service, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Service or the Content therein, or interfere with any activity being conducted on the Service;

(e) You will not post content or items in an inappropriate category or areas on the Site; 

(f) You will not violate any laws, third party rights, or our policies;

(g) You understand that We may, in our sole discretion, discontinue the posting, indexing or searching of any Content in the Service at any time;

(h) You will not distribute or post spam, chain letters, pyramid schemes, viruses or any other technologies that may harm Us, or the interests or property of Our users;

(i) You will not harvest or otherwise collect information about Content or users, including email addresses, without their consent.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in any manner. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. We reserves the right in Our sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in Our sole and absolute discretion, violates this provision, including without limitation, reporting You to law enforcement authorities.

 

6. INTELLECTUAL PROPERTY RIGHTS

The content on the Service and any information provided to You by Us, including without limitation, the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Us subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to the Service and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, Marks, third party User Submissions, or other proprietary rights not owned by You, (i) without following the terms of 5A, and (ii) in any way that violates any right of any third party. If You download or print a copy of the Content, You must retain all copyright and other proprietary notices contained therein. 

Nothing in this Agreement shall prevent Us from repurposing, reformatting, redistributing, reselling in whole, or in part, any products and services provided by Us to the Client through any format (audio, video, website, concierge, app)

 

7. TERM

This Agreement shall remain in full force and effect while You use Your active annual membership. We may terminate Your membership at any time, for any reason, and without warning and We reserves the right to discontinue any aspect of the Service at any time.

 

8. DMCA POLICY

If You are a copyright owner or an agent thereof and believe that anything on the Service infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA" by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

(b) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 

(d) Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address; 

(e) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Our designated Copyright Agent to receive notifications of claimed infringement is: Manager (info@childcustodyanalytics.com). You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid. 

You hereby agree that You shall not assert any claim against Us or its officers or directors with respect to such content unless and until: (1) You have fully completed the process set forth above; and (2) We have failed to remove the offending content within thirty (30) days after such notification without a reasonable explanation for its failure to do so. 

It is Our policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue services to repeat offenders.

 

9. THIRD PARTY SERVICES  

The Service may contain links to third party websites that are not owned or controlled by Us. When You access third party websites, You do so at Your own risk. We encourage You to be aware when You leave the Service and to read the terms and conditions and privacy policy of each third party website that You visit. We have no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party website. In addition, We will not and cannot monitor, verify, censor or edit the content of any third party website. By using the Service, You expressly relieve Us from any and all liability arising from Your use of any third party website. 

A. REPRINTS DESK:

Your use of Reprints Desk is subject to the following terms of use:

i. General Purpose of This Agreement. Reprints Desk will provide to the primary Account Owner, and We will purchase from Reprints Desk on behalf of the Account Owner, Document Delivery Services subject to the provisions of this Agreement. Document means published content that is protected by third-party copyright.

 

ii. Service Fee. The Primary Account Owner agrees to pay Us for all document delivery  charges incurred by the Account Owner on their behalf to Reprints Desk that include a Reprints Service Fee of $7.50 for each Document delivered plus copyright royalty or purchase cost, and sales tax, if applicable.  Other charges may apply in some cases and if authorized by Customer, including, but not limited to, delivery charges, extra page charges for lengthy Documents, and extended search fees. Reprints Desk will not increase the Service Fee during the first year of the Term.  Subject to the immediately preceding sentence, after the first year of the Term the Service Fee will increase by 5% at the start of each successive Renewal Term.

 

iii. Confidentiality. 

1. Confidential Information Defined. The term "Confidential Information" means the provisions of this Agreement (which shall be the Confidential Information of both parties, subject to the following sentence), and any and all information, written or oral, provided or made available by or on behalf of one party or its affiliates, contractors, or vendors to the other party or its affiliates, contractors, or vendors in connection with this Agreement which is not generally known to the public or within the industry in which either party competes.

 

2. Restrictions on Use and Disclosure. Each party ("Recipient") will not access or use the Confidential Information of the other ("Discloser") for any purposes other than performance of its obligations or receipt of benefits hereunder and shall maintain such information in the strictest confidence. Recipient may disclose the Discloser's Confidential Information to Recipient's employees, attorneys, advisors, and contractors who have a legitimate "need to know", provided that Recipient ensures that all such entities and persons are obligated to and do comply with confidentiality obligations consistent with (and no less restrictive than) this Section 2, but in no event may You disclose any of Reprints Desk's Confidential Information to any competitors of Reprints Desk or any known employees or contractors of any competitors of Reprints Desk. Recipient may disclose the Discloser's Confidential Information to the extent such disclosure is necessary in connection with the enforcement of this Agreement; or necessary to comply with any legal or regulatory requirements.

 

iv. Copyright. 

 

1. Reprints Desk delivers Documents which are protected by third-party copyright.  The Documents are the intellectual property of authors, publishers, and other parties.  Reprints Desk pays royalty fees directly to publishers, or to Reproduction Rights Organizations like the Copyright Clearance Center and others.  Reprints Desk may purchase some Documents from publishers or from other copyright compliant Document vendors.

 

2. Subject to clause 1.d., Reprints Desk agrees to purchase, on Account Owner’s behalf, the right to print and/or download Documents only as specified in the order placed by the Account Owner.  No license for further use of the Documents is expressed or implied, whether delivered by paper or electronic means.  License to make additional copies of the Documents in any medium is not provided by Reprints Desk under the terms of this agreement, but may be available by separate agreement.  

 

3. Reprints Desk shall indemnify the Account Owner against any direct loss or damage suffered by the Account Owner arising out of any third party claim or action that the Documents as provided by Reprints Desk infringe the copyright of such third party, except to the extent that such claim or action arises out of a breach of this Agreement by the Account Owner.  You agree that if any such claim is made by a third party, the Account Owner will promptly notify and co-operate with Reprints Desk, and Reprints Desk shall at its request be given control of such action.  Other than in respect of information proprietary to Reprints Desk, the indemnity in this section shall be limited to the extent that Reprints Desk may recover from its information providers.

 

4. You agree that you are fully responsible for compliance with all appropriate copyright laws regarding the subsequent use of any Documents delivered by Reprints Desk.  Such use includes, but is not limited to, the printing of PDF Documents, sharing, forwarding or copying PDF Documents, copying or scanning paper Documents, and use of Documents in sales or promotional materials.  You shall indemnify Reprints Desk for any loss or damage suffered or arising out of the Account Owner’s use of the Documents beyond the rights expressly granted to the Account Owner under this Agreement.

 

10. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

The information, products, and concierge research services provided by Us and all associated agents, contractors, members, etc. are solely provided for general informational purposes, and not intended as psychological advice, an expert opinion, or legal advice and does not necessarily reflect the opinion of Us.  We and all associated agents, contractors, etc are not establishing a professional relationship between a psychologist and You. Therefore, we are not governed by licensing regulations pertaining to psychologists in the State of Connecticut. We have no special relationship with You or a fiduciary duty to You.  Your Membership, and the services offered on the Website may contain, or direct You to sites containing information that some people may find offensive or inappropriate. We makes no representations concerning any content contained in or accessed through the Service, and We will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER WE NOR ITS SUPPLIERS, NOR ANY OF ITS OR THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE OR (VII) ANY DELAY IN DELIVERY OF CONTENT OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE SERVICE IS CONTROLLED AND OFFERED BY US IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. 

IN NO EVENT SHALL WE, OUR SUPPLIERS', OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, OUR LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ANY SERVICES IN CONNECTION WITH THE SERVICE DURING THE TERM THAT YOUR ACCOUNT IS ACTIVATED.

 

11. INDEMNITY

You agree to defend, indemnify and hold harmless Us, our officers, directors, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys' fees) arising from: (i) Your use of and access to the Service, including content contained therein, and any information that You post thereon; (ii) Your violation of any term of this Agreement or Your representations and warranties set forth above; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of Your User Submissions caused damage to a third party.

You agree to defend, indemnify and hold Us, our subsidiaries, and affiliates, and their respective officers, agents, partners, members and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Website or content provided on or through the Website.

You agree to defend and indemnify Us, our subsidiaries, and affiliates, and their respective officers, agents, partners, members and employees, for any cost, expense, loss, liability, claim, or demand, including reasonable attorneys' fees for Us objecting or responding to legal process, written or oral discovery requests, including but not limited to subpoenas, in litigation or arbitration, arising out of Your use of the Website or content provided on or through the Website.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU. 

 

12. ASSIGNMENT

Any attempted assignment in violation of this Agreement shall be void. You may not transfer or assign this Agreement or any rights and licenses granted hereunder without Our prior written consent. We may freely transfer, assign, or delegate this Agreement and any of its rights or obligations hereunder. 

 

13. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Us in any respect whatsoever. If there is any dispute about or in any way involving the Service or this Agreement, You agree that the dispute shall be governed by the laws of the State of Connecticut, without regard to conflict of law’s provisions. Any dispute arising from or relating to the subject matter of this Agreement or this Agreement itself may ONLY be settled by binding arbitration in New Haven County, State of Connecticut, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS" then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. You agree that Judgment upon the award so rendered or any issues or controversies regarding the award may ONLY be brought in a Connecticut Superior Court.

You agree that neither We nor Our officers, directors, members, employees or agents will be required to provide any written or oral discovery in litigation or arbitration, arising out of Your use of the  Website, Service, or content provided on, or through the Website,.  The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


 
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