3. AGE. The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Site.
4. PRODUCTS. We offer certain products through the Site. After you place an order, we will send you a notice indicating receipt of the order. All orders are subject to acceptance by us, and we will confirm such acceptance to you by processing your payment. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer available.
5. REFUNDS and RETURNS. We offer a 30-day refund period on any product you purchase directly from us. Simply contact us with a request for a refund. Third party products may appear on the Site, and you should contact those parties directly regarding any refunds.
(a) Waiver of Jury Trial and Class Actions - You and 1179 Media agree to waive the right to a jury trial or to participate as a class member in a class action lawsuit or consolidated class action arbitration proceeding.
(b) OPT-OUT – IF YOU ARE A NEW USER OF THE SITE, YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT BY GIVING US NOTICE VIA THE CONTACT FUNCTION ON THE SITE WITHIN 30 DAYS OF JOINING THE SITE.
(c) Arbitrator - The parties agree JAMS shall conduct any arbitration involving a legal claim or dispute between them. You may view the JAMS website at https://www.jamsadr.com.
(d) Location - The place of arbitration shall be in the County of San Diego, California.
(e) Notice - A party who intends to seek arbitration must first send to the other a Notice of Dispute ("Notice"). Your notice should include the following information:
· Your name,
· Your email and phone number,
· Your physical mailing address,
· The nature of the dispute with us,
· Any supporting documentation, and
· The relief you are seeking.
Notice should be sent to us via the Contact function on the Site, and we will send notice you’ve provided in your account profile. We will review the Notice within 30 days. If 30 days passes from the date of receipt without resolution, either party may move forward with arbitration.
(f) Attorney's Fees – The parties agree they shall be responsible for their own attorneys' fees and shall equally share the cost of arbitration.
7. USER CONTENT. You grant us a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”), you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of our business, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. You agree we may publish or otherwise disclose your name in connection with your User Content. In posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.
8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademarks, and other intellectual property laws. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
10. NO WARRANTIES. WE ARE MAKING THE SITE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS, BODILY INJURY, LOSS OF EARNINGS, MEDICAL BILLINGS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS AVAILABLE THROUGH THE SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE PARTIES AGREE THE EXTENT OF ANY MONETARY AWARD SHALL BE LIMITED TO THREE TIMES THE AMOUNT YOU PAY IN CONSIDERATION TO 1179 MEDIA FOR THE ORDER FROM WHICH THE LEGAL DISPUTE IN QUESTION ARISES.
12. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
14. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. You are further prohibited from copying any content on the Site, whether manually or through automated means, without our express permission. Any violation of system or network security may subject you to civil and/or criminal liability.
16. COPYRIGHT. All contents of Site are Copyright © 2016 Kate Bello. All rights reserved.
18. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
19. AMENDMENTS. We reserve the right to amend these Terms and shall do so by posting a notice on the Site and forwarding an email message regarding the amendments to you should we have an email address for you. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by opting out of our email list.