WEBSITE TERMS AND CONDITIONS OF USE
Date of Last Revision: August 15, 2008
Thank you (“you” or the “Member”) for visiting the UrbanCougar.com (“UC”) site. By accessing or using our website (the “Site”), you represent that you have read, understand and agree to be bound by these Terms and Conditions of Use (“Terms of Use”), whether or not you are a registered member of UC. UC reserves the right to change these guidelines and disclaimers at any time, without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, AS WELL AS THE PRIVACY POLICY, INCORPORATED IN THESE TERMS AND CONDITIONS BY THIS REFERENCE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
Membership
You may become a Member at no cost. As a Member, but only as a Member, you will have the ability to participate in all of the features and services available within the Site. Membership is void where prohibited, as further described below. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into, and be bound by, these Terms of Use.
As a condition of registering with the Site, you are required to select a member identification (“MemberID”) and password. While UC will keep your MemberID and password confidential in accordance with its Privacy Policy, you are responsible for maintaining the confidentiality of your MemberID and password. You are responsible for all activity that occurs under your MemberID. You must not create multiple member accounts with the intention of artificially inflating ratings or exploiting other features in the Site, including but not limited to member photo quota, if any.
Restrictions on Use; Proprietary Rights
All content on the Site, and available through UC, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, editorial materials, and their selection and arrangement (the "Site Content"), are the proprietary property of UC, its members or its licensors with all rights reserved, and is protected to the full extent of U.S. and International Copyright Laws. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without UC's prior written permission, as further set forth below.
Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print one (1) copy of any portion of the Site Content to which you have properly gained access on any single computer solely for your single, individual, personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Member Content (defined below), you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation (whether your own or that of a third party), and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots (a.k.a. “bots”), scraping or similar data gathering or extraction methods, whether known or unknown. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of UC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use UC icons, site address, or other means to hyperlink other Internet sites with any page in the UC Site.
Any rights not expressly granted by these Terms of Use or any applicable end member license agreements are reserved by UC.
Uploaded and Transferred Materials
The UC Site sometimes requires or invites members to upload and/or transfer artistic materials, including but not limited to personal and non-personal photographs and personal and non-personal stories, articles, or other editorial material. By making such upload or transfer of information and materials to UC, you hereby fully consent to its full, complete and unrestricted use of such material, including but not limited to your name and identification for use on the UC website and its additional promotional materials. All submissions, whether uploaded or transferred by any method, become the sole and exclusive property of UC for use on the UC website and all other mediums of media whether known or unknown. Such ownership rights include, without limitation, the right to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize licenses of the foregoing. You may remove your Member Content from the Site at any time. However choosing to do so does not act to revoke, rescind or cancel UC’s ownership to your Member Content, as such may be saved, copied, cached, or otherwise retained by UC, as further described below.
You agree that any artistic materials, and copyrights thereto, uploaded to the UC Site become the property of UC upon receipt by UC. Any submissions may be used to determine and promote the UrbanCougar of the Month. If your submission is chosen as UrbanCougar of the Month, you agree that your submission and information may be used for any and all purposes in promoting UC and this Site. Your consent to these Terms of Use constitutes a full release of liability to UC for all uses of your inherent Right of Publicity and Right of Privacy.
By uploading photographs, stories or other artistic materials, you represent and warrant that you own said materials without encumbrance and have the right and power to transfer said materials and any copyrights thereto. You further represent and warrant that you have the right and power to license to UC the use of the name, image and likeness of any subject, living or dead, embodied in any materials uploaded to the Site. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any content posted by you on or through the Site.
You agree to indemnify and hold UC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Member Content you post or share on or through the Site, any royalties, or fees or any other monies which may be owing to any person or entity by reason of any content posted by you on or through the Site, your use of the Site, your conduct in connection with the Site or with other members of the Site, or any violation of this Agreement or of any law or the rights of any third party. In the event of such a claim against UC, UC shall have the right to defend and settle any such claim with counsel of its own selection.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display ("post" or “upload”) on or through the Site, or transmit to or share with other members (collectively the "Member Content"). You may not post, transmit, or share Member Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or Member Content in its sole discretion, for any reason or no reason, including Member Content that in the sole judgment of the Company violates these Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members or others, as further described below. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Content you post or store on the Site or provide to UC.
When you post Member Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Member Content on the Site. By posting Member Content to any part of the Site, you acknowledge that, as it becomes the property of UC as stated above, UC, in its sole discretion, may retain archived copies of your Member Content.
Copyright Complaints
We respect the intellectual property rights of others. Members are prohibited from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When we receive proper notification of an alleged copyright infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act (“DCMA”). If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification to the addresses below. Please include the following information in your notification:
> an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
> identification of the copyrighted work claimed to have been infringed
> a description of where the material that you claim is infringing is located on the Site
> your address, telephone number, and e-mail address
> a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that you have authority to make such a statement
> a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site is:
By postal mail:
DCMA Agent
Eric Farber
Pinnacle Law Group,LLP
425 California Street, #1800
San Francisco, CA 94104
By telephone:
By fax:
(415) 394-5003
By email:
DMCA_agent@urbancougar.com
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, UC has adopted a policy of terminating, in appropriate circumstances and at UC's sole discretion, members who UC, due UC’s receipt of repeated complaints and notices, deems to be repeat copyright infringers. UC may also, at its sole discretion, limit access to the Site and/or terminate the memberships of any members who UC, due to UC’s receipt of repeated complaints and notices, deems to be infringing any intellectual property rights of others, whether or not there is any repeat infringement.
Member Conduct
The Site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or transmitted, will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Site to:
> harvest or collect email addresses or other contact information of other members from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
> use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
> use automated scripts to collect information from or otherwise interact with the Site;
> upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
> upload, post, transmit, share, store or otherwise make available any videos, other than those of a personal nature, that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
> register for more than one member account, register for a member account on behalf of an individual other than yourself, or register for a member account on behalf of any group or entity;
> impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
> upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
> upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
> solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
> upload, post, transmit, share or otherwise make available 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;
> intimidate or harass another;
> upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
> use or attempt to use another's account, service or system without authorization from the UC, or create a false identity on the Site.
> upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of UC, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose UC or its members to any harm or liability of any type.
The following is a partial list of the kind of content that is illegal or prohibited on the Site. UC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators, with or without further notice. It includes, but is not limited to, content that:
> is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
> harasses or advocates harassment of another person;
> involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
> promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
> 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 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 under the age of 18 in a sexual or violent 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, violating someone's privacy, or providing or creating computer viruses;
> solicits passwords or personal identifying information for commercial or unlawful purposes from other members; and
> engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You may not include in your member profile any telephone numbers, street addresses, last names, URLs or email addresses.
You may not engage in advertising to, or solicitation of, other members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Site or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other members. Although UC cannot monitor, and does not undertake to monitor the conduct of its members on the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, we reserve the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which UC deems appropriate in its sole discretion.
Prohibited Activities
UC reserves the right to investigate and terminate your membership if you have misused the Site, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Site:
> You will not impersonate any person or entity.
> You will not "stalk" or otherwise harass any person.
> You will not express or imply that any statements you make are endorsed by UC without our specific prior written consent.
> You will not 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 Site or its contents.
> You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
> You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.
> You will not interfere with or disrupt the Site or the servers or networks connected to the Site.
> You will not post, 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.
> You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site.
> You will not "frame" or "mirror" any part of the Site, without UC's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to UC or the Site in order to direct any person to any other web site for any purpose.
> You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
Trademark Notice
URBANCOUGAR, URBANCOUGAR.COM, COUGAR OF THE MONTH, URBANCOUGAR OF THE MONTH, and COUGAR GEAR are the logos, trademarks, and service marks of UrbanCougar, Inc., all pending or registered in the U.S. Patent and Trademark Office. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. These trademarks may not be used in any way, except by the express written permission of UC, including but not limited to, in any manner that is likely to cause confusion, dilute UC’s marks, or in any manner that discredits UC.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to UC, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; (e) immediately notify UC of any unauthorized use of your member name or password or any other breach of security, and (f) ensure that you exit from your account at the end of each session. UC will not be liable for any loss or damage arising from your failure to comply with this provision.
Monitoring Of Access
Access to this Site is electronically and automatically monitored. The requesting URLs, the machine originating your request, and the time of the request are automatically electronically logged for access statistics and security purposes. Use of this Site constitutes consent to such electronic monitoring of such statistical information.
Availability of Services and Products
Information that UC publishes on the Internet may contain references or cross-references to UC products, programs and services that are not announced or available in your geographic location or jurisdiction. Such references do not imply that UC intends to announce such products, programs or services in your country. Consult your local UC business contact for information regarding the products, programs and services which may be available to you. UC and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Website is void where prohibited.
Use of Other Websites
The Site contains, or may contain (or you may be sent through the Site to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
UC makes no representations whatsoever about any other website which you may access through the Site. When you access a non-UC website, you acknowledge that it is independent from UC, and that UC has no control over the content on that website. In addition, a link to a non-UC website does not mean that UC endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. IN NO EVENT WILL UC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The inclusion on this Site of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by UC.
The descriptions of, and references to, products, services and companies on this Website are the sole responsibility of the companies providing the information ("advertisers"), and not UC.
Our Store
All listings posted on or through the Cougar Gear online store service on CafePress.com (the “Store”) and all transactions conducted in connection therewith are subject to and governed by the CafePress.com Terms of Service (the "CP Terms of Service ") as well as these Terms of Use. When you visit the Store, in any manner, you are agreeing to abide by and be subject to the CP Terms of Use and the other applicable rules set forth in these Terms of Use. The CP Terms of Use are subject to change without prior notice at any time, in CafePress.com’s sole discretion, so you should review the CP Terms of Service each time you visit the Store. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through the Store. You acknowledge that UC is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by UC applicable to the Store are set forth on the CafePress.com website, and all terms and conditions applicable to such fees are set forth in the CP Terms of Use. However, please note that ALL USE OF THE STORE IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
Interactions with Other Members
You are solely responsible for your interactions with other members. You understand that UC does not in any way screen its members, nor does UC inquire into the backgrounds of its members or attempt to verify the statements of its members. UC makes no representations or warranties as to the conduct of members or their compatibility with any current or future members. In no event shall UC be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered members of this Site or persons you meet through this Site. You agree to take reasonable precautions in all interactions with other members of the Site, particularly if you decide to meet offline or in person. You understand that UC makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Site. You should not provide your financial information (for example, your credit card or bank account information) to other members. We reserve the right, but have no obligation, to monitor disputes between you and other members.
Disclaimer
The content included in this Site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Site. UC makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Site or content, or the suitability, functionality, or operation of this Site or its content. By using this Site, you assume the risk that the content on this Site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. UC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL UC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF UC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that UC is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and UC reserves the right to remove such materials from the UC Site without liability, with or without notice.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. UC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. UC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to Member's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Site. Under no circumstances will UC be responsible for any loss or damage, including any loss or damage to any Member content or personal injury or death, resulting from anyone's use of the Site, any Member content posted on or through the Site or transmitted to members, or any interactions between members of the Site, whether online or offline.
THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Termination
UC may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.
Blocking of IP Addresses.
In order to protect the integrity of the Site, UC reserves the right at any time in its sole discretion to block members from certain IP addresses from accessing the Site.
Arbitration
YOU AND UC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND THE SITE (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Store may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in the city of San Francisco, County of San Francisco, State of California, and the allocation of costs and fees for such arbitration shall be determined in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER MEMBER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than three (3) years after the cause of action arose.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you or through your MemberID to UC are non-confidential and shall become the sole property of UC. UC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Choice of Law and Venue
These Terms and Conditions of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California exclusive of its choice of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Francisco in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
Entire Agreement
These Terms of Use constitute an agreement, the agreement, and the entire agreement between UC and you pertaining to the subject matter of this agreement. In its sole discretion, UC may modify these Terms of Use by posting the revised version on this Site.
Questions or Concerns
If you have questions or concerns about these Terms of Use please contact termsandconditions@urbancougar.com. Your use of UrbanCougar.com evidences your agreement to these Terms of Use.
I HAVE READ THESE TERMS AND CONDITIONS OF USE, AND I AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
