TERMS OF SERVICE

Using our site means you’re agreeing to a shared framework for how risk and responsibility are handled between you and site. This page explains those boundaries in plain terms, so you know what to expect from us—and what we expect from you.

What We Don’t Guarantee

We make the site and its services available on an “as is” basis. That means we don’t promise they’ll always be safe, secure, or error-free, or that they’ll run without disruptions, delays, or imperfections. Beyond what is expressly stated in the policies (as defined in section 1(c)), we aren’t making any other guarantees about the service.

To the fullest extent permitted by law, rule, or regulation, we also disclaim all implied and statutory warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We won’t be responsible to you or any third party for any modification, suspension, or discontinuance of our site, services, or any content, feature, or product offered through them.

Some jurisdictions don’t allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer. If you live in such a jurisdiction, one or more of the above exclusions and limitations may not apply to you.

The Limits of Our Financial Responsibility

Our liability to you is limited. No matter the legal theory or type of claim, we won’t be liable for personal injury; lost profits, revenues, opportunity, information, content, or data; interruption of service; or any incidental, special, exemplary, punitive, indirect, or consequential damages. This applies to all claims under, arising out of, or relating to these terms or your use of (or inability to use) our site or services, even if we have been advised of the possibility of such damages. These limitations will apply even if a stated remedy fails in its essential purpose. This is in addition to what is expressly provided in the policies (as defined in section 1(c)).

Some jurisdictions do not allow limitations or exclusions of liability for certain damages, including personal injury or incidental or consequential damages. If you live in such a jurisdiction, one or more of the above limitations and exclusions may not apply to you.

Your Duty to Cover Us

If you violate these Terms, you’re taking on the consequences. Specifically, you agree to defend, indemnify, and hold harmless site, its affiliates, and its and their respective officers, directors, employees, and agents from all third-party claims and liabilities. This includes attorneys’ fees and costs, and it applies to any claim arising out of or relating to your violation or alleged violation of these Terms.

How We’ll Work Out Problems Together

If a dispute comes up, we both have a part to play in sorting it out. Before you can request arbitration, you must first contact us directly. This gives both of us a chance to try to resolve the matter informally. You agree to give us some time to work through the dispute before moving to a formal process.

Moving to a Binding Decision

For disputes that can’t be resolved informally, we both agree to use final and binding arbitration. This applies to all claims, including tort claims, under, arising out of, or relating to these Terms (each, a “Claim”). The arbitration will be conducted according to the relevant rules of the Arbitration Association, as modified by these Terms.

There’s one key exception: Claims arising out of or relating to your violations of intellectual property rights—including copyright infringement, patent infringement, trademark infringement, or efforts to interfere with our Site or Services in unauthorized ways (each, an “IP Claim”)—are not subject to this obligation for settlement by final and binding arbitration. The arbitrator’s decision and award are non-appealable and may be entered in and enforced by any court of competent jurisdiction.

Rules of the Arbitration Process

The arbitrator’s authority isn’t unlimited. The arbitrator may not award relief that exceeds or contradicts what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, or award damages contrary to these Terms. The arbitrator may, however, award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

If a court makes a final determination that a particular Claim cannot be arbitrated (a “Non-Arbitrable Claim”), only that specific claim and any IP Claims may be brought in court. All other Claims remain subject to arbitration. Nothing in this Agreement limits either party’s ability to seek equitable relief in any court of competent jurisdiction.

If any part of this arbitration section is found by a court to be inapplicable or invalid, the remainder will still be given full force and effect. This arbitration clause will survive any termination of these Terms.

Who Pays for Arbitration

We each bear our own arbitration costs. However, if the arbitrator determines that bearing these costs would be an undue burden for you, we will pay your portion of the arbitration administrative costs. We will not pay your attorneys’ fees.

Keeping Things Private

Arbitration can be conducted by phone, video, or document submission. To the fullest extent permitted by applicable laws, rules, and regulations, any evidentiary submissions made in arbitration are confidential, absent a good cause for disclosure. We both agree not to disclose the contents of the arbitrator’s decision to any third party, except as required by law, rule, or regulation, or for the purposes of enforcement or appeal of the arbitration award.

Waiving Your Right to a Jury and Class Actions

By agreeing to these Terms, you are waiving important rights. You waive your right to a trial by jury and your right to participate in a class or representative action. You may bring claims against us only in your individual capacity, and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding. The arbitrator cannot group your Claim with any other claims, causes of action, or disputes.

Deadlines and Governing Rules

You must bring any claim within one year of the date of the event or facts giving rise to the Claim. If you do not, you waive the right to pursue that claim. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Agreement. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of the arbitration provisions or the interpretation of the prohibition on class and representative actions. If any of these dispute resolution provisions is found unenforceable, that provision shall be severed, and the balance of the dispute resolution provisions shall remain in full force and effect.

These terms form a binding agreement. By continuing to use the site, you accept this allocation of risk and responsibility.