Terms and Conditions: Last Updated: 03/30/17
Welcome to the thefirstclasstravelguide.com (the “Website”). The term “Company” shall refer to LJH Media Ventures LLC, a Pennsylvania limited liability company, doing business as “The First Class Travel Guide,” and its related entities, successors, assigns, officers, members, employees, attorneys and agents. The terms “you” and/or “User” shall refer to the customer, user and/or viewer visiting this Website, and his/her/its heirs, related entities, successors, assigns, shareholders, directors, officers, members, employees and agents.
These Terms govern your use and access of the Website. You may only use and access this Website in accordance with these Terms.
Please read the Agreement carefully, as it contains information concerning your legal rights and limitations, as well as the applicable law and jurisdiction relating to disputes arising from this Agreement and/or Website. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ENTER THIS WEBSITE AND MUST EXIT THIS WEBSITE IMMEDIATELY.
The situating of the Website on the World Wide Web and/or Internet constitutes a continuing offer by the Company to you to Use, as such term is defined below, the Website according to the Agreement. By utilizing the Website in any manner, including, without limitation, by viewing the same (collectively, a “Use”), you accept that offer and these terms and conditions and form a binding contract between the Company and you to adhere to the same. You stipulate that sufficient consideration exists to create that contract, and that it is therefore binding upon you. Further, by your Use of the Website, you make the material representation upon which you wish the Company to reasonably rely that you will adhere to the Terms and the other terms constituting the Agreement in connection with your Use of the Website. If you are dissatisfied with any aspect of the Agreement, your sole and exclusive remedy is to discontinue Using the Website. Finally, by your Use of the Website, you also stipulate that any violation of the Agreement will result in irreparable harm to the Company not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.
Please note that the Company retains the right to change the content of the Website, these Terms and/or the Agreement at any time. Any such changes shall be effective immediately upon posting. Your continued Use of the Website constitutes acceptance of those changes. Be sure to return to this page periodically to review the most current version of the Agreement, noting the “Last Updated” date indicated.
Except as otherwise provided herein, nothing contained on the Website shall be construed as a representation to be reasonably relied upon. In no event shall anything on the Website be construed either to create a duty of care or to constitute a representation by the Company of any sort to be relied upon by you in any manner whatsoever. As further set forth herein, the Company takes no responsibility for the information contained on any website to which this Website may be linked. Without limitation, the Company undertakes no obligation to update or maintain the Materials (as defined below) and other information contained within the Website.
Furthermore, the Company takes no responsibility for any communications posted by any User and/or between Users. You acknowledge and agree that your participation in and on the Website, including, without limitation, your posts and/or comments on the Website, is at your own risk. You acknowledge that the Company does not endeavor to determine the truth or accuracy of information and/or comments posted by Users on the Website. You must use caution and are responsible for the inherent risks in dealing with other Users or third parties, whose identities have not been verified, may be under age, may be acting under false pretenses or may be attempting to defraud others. You agree to accept and assume such risks and acknowledge that the Company is not responsible for the acts or omissions of other Users or third parties on the Website.
License and Access
Subject to your compliance with the Agreement, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website. You are also granted a limited license to print copies of any Materials (as defined below) posted on the Website, but only for the User’s personal, non-commercial use. This license does not include any resale or commercial use of any service and/or contents provided by the Website. You are not permitted to download (other than page caching), modify, copy, reproduce, republish, upload, post, transmit, sell, offer for sale or distribute, in any way any portion of the Website or website content, any photographs, text, software, pictures, graphics, articles, columns, postings, video clips, audio clips, digital downloads, data, messages, contents or other information posted on the Website (collectively, the “Materials”).
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. The only exception to these conditions is if you have entered into a separate written agreement with the Company to allow you to Use the Website for commercial purposes. All rights not expressly granted to you in this Agreement are reserved and retained by the Company and/or its licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted herein terminate if you do not comply with the Agreement.
Restrictions on Use of Website
You may NOT, without the express prior written authorization of the Company:
- restrict any other User from properly using the Website, including without limitation, by way of “computer hacking” or otherwise altering the software or functionality of the Website and its underlying programs;
- imply that any of your statements are endorsed by the Company, or that you are otherwise associated with the Company in any manner;
- Use the Website if you are not able to form legally binding contracts, are under the age of majority in the State from where you are accessing this Website, or are temporarily or indefinitely suspended from the Website;
- transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, indecent, obscene, pornographic or otherwise objectionable (as judged in the discretion of the Company);
- Use the Website to initiate or further any illegal activity, which includes but is not limited to, the sale of stolen goods or money laundering;
- transmit any non-public information about any person or entity without the proper authorization to do so;
- transmit any advertisements, solicitations or any unsolicited communication without the Company’s express permission to do so;
- revise, modify, reverse engineer or in any way alter any portion of the Website or its contents;
- “frame” or “mirror” any part of the Website;
- utilize any device to enable you to circumvent the structure of the Website and/or spam or flood the Website;
- collect or store any information about Users of the Website;
- deliver, or provide links to any postings without the prior written permission of the Company, including, without limitation, to any materials which are deemed, in the Company’s sole discretion to be harmful, lewd, obscene, violent, insulting, threatening, hateful or otherwise objectionable;
- impersonate any other person and/or falsely state or otherwise misrepresent that you have an affiliation with any other person or entity, or otherwise mislead, deceive or defraud the Company or any other party, including without limitation, by utilizing another person or entity’s name, brand indicia, logo, likeness, voice, image or photograph;
- duplicate, create derivative works of or otherwise violate the copyright of this Website or the Company;
- utilize any of the Company’s trademarks as metatags on other websites or otherwise use the Company’s trademarks for your own advertising or pecuniary gain, including without limitation, utilization as Google® AdWords;
- utilize the Website in an unauthorized manner or in a manner which violates any legal or regulatory proscription or requirement, any third party rights or the policies outlined in these Terms and/or the Agreement;
- utilize the Website in a manner that is harmful to the Company or any other person or entity;
- utilize the Website or any information provided on the Website illegally or improperly and/or to violate the privacy rights or any other rights of the Company or any third party;
- remove, alter or amend any copyright or other proprietary notices from this Website;
- infringe upon the intellectual property rights of the Company or a third party;
- circumvent any encryption or other security tools used anywhere on this Website;
- sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use or otherwise assign to any third party any of your rights to access and otherwise Use the Website or services as granted in these Terms; and
- use any robot, spider or other intelligent agent software or device to access or monitor the Website in any manner.
Furthermore, you agree to cooperate with the Company in preventing any unauthorized Use of the Website. If you recognize or incur any problems using the Website, any violations of these Terms or any offensive content, please contact the Company at email@example.com.
Abuse of the Website
If, in the Company’s sole discretion, it determines that you are creating potential liabilities, or acting inconsistently with these Terms, the Company may, without limitation, limit, prohibit your access to the Website and/or take technical and legal steps to keep you off the Website. You acknowledge and agree that the Company may or may not choose to take these actions in the Company’s sole discretion and that it shall not be obligated to do so. The Company reserves the right to investigate and take appropriate legal action against any violation of these Terms. Notwithstanding the foregoing, you acknowledge and agree that the Company can terminate your right to Use this Website or any portion thereof at will, without notice and without cause. Such termination may be exercised by the Company in addition to any other rights and remedies that the Company may have available to it, and without any liability whatsoever.
You acknowledge and agree that the Company shall not be liable to you or to any other person or entity for any claims related to the termination or suspension of your or any other party’s Use of the Website. You hereby make the material representations, upon which you agree the Company may and will rely: (i) you are at least of the age of majority in the State from where you are accessing this Website; (ii) you are a resident of the United States; and (iii) you are authorized to view and provide information on the Website.
The Company welcomes your feedback. However, please be aware that by submitting content to this Website by e-mail, comments and/or messages through the Website or otherwise, including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and/or publicly display such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission, if the Company so chooses.
You acknowledge that the Company shall not be obligated to provide attribution of your comments or reviews, but that it may do so in its discretion and without any compensation to you. You further acknowledge and agree that Submissions are non-confidential and non-proprietary. Additionally, you acknowledge that the Company is free to use and/or exploit Submissions, including without limitation, ideas for a potential business model, or modifications thereto, in whole or in part, through any means, and the Company shall not owe any compensation to you or any third party relating to the same.
The Materials and the Website as a whole, are copyrighted by the Company, its affiliates and/or its licensors; and are owned by or licensed to the Company or the use of which is otherwise authorized by law (e.g., as a fair use). Moreover, the Materials, and the Website as a whole, constitute a collective work or compilation under United States Copyright laws and other laws. You must abide by, and maintain, all copyright notices, information or restrictions contained in or attached to any Material.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Website, including, without limitation, any of the Materials, without the Company’s prior written consent. The Company is not responsible for content on websites operated by parties other than the Company. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.
If you are aware of an infringement of the Company’s brand, please notify the Company by sending an e-mail to: firstname.lastname@example.org.
It is the policy of the Company to respond expeditiously to claims of copyright infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The Company may elect to terminate access for any user who it believes in its sole discretion to be an infringer, regardless of whether proven or not.
The sole and exclusive protocol for notifying the Company of an infringement upon a third party’s intellectual property is to provide written notice (“DMCA Notice”) to the Company as set forth herein or as otherwise provided by the DMCA, as it may be amended from time to time. The DMCA Notice must include (i) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (ii) a description of the copyrighted work that is believed to have been infringed upon; (iii) a description of the alleged infringing work and a description of precisely where the alleged infringing work is located on the Website; (iv) the Copyright Owner’s mailing address, telephone number and email address; (v) a statement by the Copyright Owner that it has a good faith belief that the disputed use is not authorized by the Copyright Owner or its agent; that is not otherwise being conducted by another authorized owner or licensee of the work; and that the disputed use is not otherwise authorized by law; (vi) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that it is the Copyright Owner or is authorized to act on the Copyright Owner’s behalf.
The DMCA Notice should be immediately delivered to the Company by certified mail return receipt requested or by commercial carrier at the address set forth below in the “Notices” provision and directed to the attention of the “Copyright Agent.” You acknowledge and agree that your failure to properly comply with the requirements of the law and/or this provision may make your DMCA Notice invalid.
Certain names, logos and materials displayed on the Website, including without limitation “First Class Travel Guide,” constitute trademarks, trade names, service marks or logos of the Company or other related entities (“Marks”). You are not authorized to use any such Marks or any variations thereof. Ownership of all such Marks and the goodwill associated therewith remains with the Company or other related entities.
It is the policy of the Company to respond expeditiously to claims of trademark infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate action under the protocol set forth herein and applicable intellectual property laws. The Company may elect to terminate access for any user who it believes in its sole discretion to be an infringer, regardless of whether proven or not.
The sole and exclusive protocol for notifying the Company of an infringement upon a third party’s Marks is to provide written notice to the Company as set forth herein, as this document may be amended from time to time. The written notice must include (i) the signature of a person authorized to act on behalf of the owner of the Mark (“Mark Owner”); (ii) a description of the Mark that is believed to have been infringed upon; (iii) a description of precisely where the alleged infringing Mark is located on the Website; (iv) the Mark Owner’s mailing address, telephone number and email address; (v) a statement by the Mark Owner that it has a good faith belief that the disputed use is not authorized by the Mark Owner, its agent, or the law, or is not otherwise being conducted by another authorized owner or licensee of the Mark and setting forth in detail how the Mark is being utilized in an infringing manner; and (vi) a statement by the Mark Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that it is the Mark Owner or is authorized to act on the Mark Owner’s behalf.
The written notice should be immediately delivered to the Company by certified mail return receipt requested or by commercial carrier at the address set forth below in the “Notices” provision and directed to the attention of the “Mark Agent.” You acknowledge and agree that your failure to properly comply with the requirements of this provision may make your written notice invalid.
Affiliate Links and Advertisements
The Website may include sponsored posts that contain affiliate links and/or advertisements. The Company may have financial relationships with a number of companies mentioned in certain posts and otherwise on the Website, and the Company may be compensated if you purchase a product through these links.
The Company may also partner with third-party advertisers, ad networks, and/or analytics providers to deliver advertising and content targeted to your interests and to better understand your Use of the Website. These third parties may collect information sent by your computer, browser, or mobile device in response to a request for content, such as unique identifiers, your IP address, or other information about your computer or device. The Company makes no warranties with respect to these third parties.
Registered User Account
Certain Users may elect to create an account with the Website, whereby they become registered users (“Registered Users”). A Registered User may provide the Company with certain information including, without limitation: name, username, email and password (collectively, the “User Account”). Each Registered User is responsible for maintaining the confidentiality of the User Account information. A Registered User shall be responsible for all uses of the User Account on the Website, whether or not authorized by the Registered User. Notwithstanding the foregoing, the Registered User shall immediately notify the Company of any unauthorized use of a User Account.
Moreover, if any User learns of any unauthorized use of a User Account, such User shall immediately notify the Company thereof. A Registered User may cancel his User Account by contacting the Company through the Contact link. That communication shall have in its subject line “Request to Terminate User Account.” Notwithstanding the foregoing, and as previously set forth, Company may cancel a User Account at any time, and without prior notice to the Registered User. All references herein to Users shall also incorporate those Users that are Registered Users, unless specifically stated otherwise.
Notwithstanding the foregoing, and despite any efforts that the Company may elect to undertake regarding the inclusion of the forgoing materials, Users acknowledge and agree that the Website may nevertheless contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. The Company assumes no responsibility for those materials, and User acknowledges and agrees that it is undertaking the risk of being exposed to the same by utilizing the Website. In the event that the User becomes aware of any such inappropriate content being posted on the Website, it shall immediately notify Company of the same, contacting the Company through the Contact Us link with a subject line entitled “Inappropriate Content.”
The Company is not and does not claim to be a travel agency and does not provide or own transportation services and/or accommodations. By providing information relating to properties owned by third-party suppliers, displaying and/or utilizing advertisements and/or affiliate links, the Company does not in any way imply or suggest, nor shall it be deemed that it sponsors, approves or is affiliated with any third-party suppliers by virtue of the same. The Website is purely informational and the Company does not endorse or recommend any products or services of any third-parties. While effort is made to check posted information for accuracy, the Company is not responsible for the accuracy or completeness of information that it displays on its Website and/or obtains from and/or relating to third-parties.
Links to Other Websites
You acknowledge and agree that the Company has no responsibility for the accuracy or availability of information provided by websites to which the Website may be linked (“Linked Websites”). Links to Linked Websites are provided as a convenience to you, and do not constitute an endorsement by or association of such Websites or the content, products, advertising or other materials presented on such Websites. The Company does not author, edit or monitor these Linked Websites.
Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by any third party or linked Website are those of the respective third parties and not of the Company. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, information, goods or services available on or through any such Website or resource or otherwise mentioned on this Website. If you access any Linked Websites, you do so at your own risk and you agree that you are solely responsible and liable for (and the Company shall not be responsible for) your communications with any third parties appearing in or linked to the Website. Additionally, the Company is not liable in any manner for any act, event or omission of, or relating to the Linked Websites.
You acknowledge and agree that it is your responsibility to take precautions to ensure that any links you select or software you download, from this Website or other websites, are free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Linked Websites are provided for your reference only. The Company does not control such websites and is not responsible for their contents or the privacy or practices of such websites. Any inclusion of hyperlinks to such websites or posting of advertisements or affiliate links does not imply any endorsement, affiliation or association of such websites, third party suppliers, or any of their goods, services or opinions. You further acknowledge and agree that the Company is not responsible for any damage or loss relating to any third party content, goods or services. The Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-parties.
By providing information relevant to travel to particular domestic and/or international destinations and/or any other subject matter, the Company makes no guarantees or promises to the User. By way of example, the Company does not represent or warrant that travel to any location is advisable, safe or without risk. The Company shall not be liable for damages or losses that may result from your travel to any destination. Information provided on the Website is based purely on experience and/or opinion and the Company in no way promises or guarantees that the User will have a similar experience.
The Company in no way makes any guarantees, including, without limitation, guarantees relating to the quality of service you may receive or pricing information that may have been offered and/or otherwise made available to the Company or other contributors to the Website. In that regard, if you choose to book travel reservations with third-party suppliers or plan trips using information provided on this Website, you agree that you are doing so at your own risk. Furthermore, you acknowledge and agree that you are responsible for making all proper arrangements and meeting all requirements, including, without limitation, ensuring that you meet all entry requirements and that your travel documents, including passports and visas, are current and valid. Additionally, it is your responsibility to ensure that you meet all health entry requirements and follow all medical guidance related to your trip. Similarly, the Company shall not be responsible for any failure by User to investigate, review and comply with any travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to making travel arrangements.
You explicitly agree that your Use of the Website is at your own and sole risk. The Website and all materials contained therein are provided “AS IS,” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Neither the Website nor the Company make any representations or warranties that the Website will operate in a timely, secure or error free manner; nor does the Website or the Company make any representations or warranties as to the quality, fitness, truth, accuracy, currency, reliability or wholeness of the Website or any of the materials contained herein. The Website may be modified or discontinued at any time with or without reason and with or without notice to you, without liability to you or any third party.
Furthermore, neither the Website nor the Company make any warranty as to the results that may be obtained from the Use of the Website. You also understand and agree that any material and/or data downloaded or otherwise obtained through the Use of the Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The Company makes no warranty regarding any use or disclosure of confidential or private information you may provide. The Company may change any of the Terms found on the Website at any time. The Company makes no commitment to update or keep current the information found on the Website. The warranties and representations set forth in these Terms, IF ANY, are the only warranties and representations with respect to your use of the Website AND THE TRANSACTIONS conducted as a result of your use of the Website.
There are no other warranties, written or oral, express or implied, that may arise either by agreement between You and The Company or by operation of law, including, without limitation, warranties of merchantability and fitness for a particular purpose, all of which are hereby specifically disclaimed. Some jurisdictions do not allow the elimination of certain warranties, and thus, one or more of the above exclusions may not apply to you. However, this shall be limited and only those prohibited by that jurisdiction shall be excluded and severed from the remainder of the other warranties, limitations and exclusions which shall remain in full force and effect to the maximum extent permitted by law.
Furthermore, the Company is not responsible for your conduct or the conduct of any other Users, whether online or offline. Under no circumstances shall the Company be responsible for any loss or damage, including, without limitation loss of profits, anticipated revenue, savings or goodwill, or other economic loss, emotional distress, other personal injury or death, resulting from the Use of the Website, information relayed herein or otherwise relating to your conduct, or that of any other users, whether online or offline.
Limitation of Liability
the Company ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING of THE Website OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE Website. EXCEPT WHERE SPECIFICALLY REQUIRED BY LAW, IN NO EVENT SHALL the Company BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS Website OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS Website FOR COMMUNICATING WITH OTHER USERS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY the Company, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, the Company should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Website, or any of the Company’s goods or services, the Company’s liability shall in no event exceed One Hundred Dollars (US$100.00). Some states do not allow limitations of liability, and thus the foregoing limitation may not apply to you.
BY UTILIZING THE Website, YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS WHICH YOU MAY HAVE AGAINST the Company, ANY OF THE Indemnified PARTIES, AND THEIR AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, ATTORNEYS, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES BASED ON ANY ACT, EVENT OR OMISSION, AND FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH THE USE OF THE Website, ANY LINKED WebsiteS AND any and all GOODS AND SERVICES RELATED THERETO.
YOU FURTHER WAIVE, RELEASE AND GIVE UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION DIRECTLY OR INDIRECTLY RELATED TO THE USE OF THE Website. WITHOUT LIMITATION, YOU FURTHER UNCONDITIONALLY AND IRREVOCABLY FOREVER RELEASE, DISCHARGE AND HOLD HARMLESS THE indemnified PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, UNLESS required to be PROVIDED BY STATUTE), INCLUDING, WITHOUT LIMITATION, THOSE BASED ON SLANDER, LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF RIGHTS OF PUBLICITY, PERSONALITY AND/OR CIVIL RIGHTS, DEPICTION IN A FALSE LIGHT, INTENTIONAL OR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, PERSONAL INJURY, COPYRIGHT INFRINGEMENT AND/OR ANY OTHER TORT AND/OR DAMAGES ARISING FROM OR IN ANYWAY RELATING TO YOUR USE OF THE Website OR ANY OF THE PRODUCTS AND SERVICES OFFERED THEREIN. THIS FURTHER INCLUDES, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (I) THE COMMON LAW; (II) ANY OF THE PARTIES’ POLICIES, PRACTICES OR PROCEDURES; AND/OR (III) ANY FEDERAL, STATE or local STATUTES OR REGULATIONS.
If you are a California resident, you hereby waive California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby acknowledge, agree and stipulate that this waiver is being made consciously and with full understanding of the rights that you may be giving up.
Notwithstanding any termination of your access to the Website, you acknowledge and agree that your representations and obligations, as well as the disclaimer of warranties, limitation of liability and release of liability hereunder shall survive and continue in perpetuity.
You agree to indemnify, hold harmless and defend COMPANY, its affiliates, partners, service providers, vendors and contractors and any members, shareholders, directors, officers, employees, attorneys, representatives or agents of any of the foregoing (collectively, “Indemnified Parties”) with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorneys’ fees and expenses of the Indemnified Parties’ selected attorney(s), relating, directly or indirectly, to (i) your failure to comply with these terms and conditions and/or the agreement; (ii) your use of the Website and/or any service and/or product identified on the Website and/or any affiliate link, ADVERTISEMENT or LINKED Website; and/or (iii) any act or omission on your part.
Choice of Law; Jurisdiction
the company and you each agree that this Agreement is made and delivered in, and shall be governed by and construed in accordance with the laws of the COMMONWEALTH of Pennsylvania (without giving effect to principles of conflicts of laws of the COMMONWEALTH of Pennsylvania or any other state). the company and you each hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the State Courts of Pennsylvania (with venue in Philadelphia County) and/or the Federal Courts of the Eastern District of Pennsylvania (Philadelphia Vicinage) for any action, proceeding or investigation in any court or before any governmental authority (a “Litigation”) for actions arising out of or relating to this Agreement and/or the Website, as well as any other claims or defenses directly or indirectly related to the subject matter of this Agreement and/or the Website (and agrees not to commence any Litigation relating thereto except in such courts). The company and you also both agree that you or the company may bring suit in ANY court to enjoin infringement or other misuse of intellectual property rights. The jurisdiction provision within this section shall not be deemed to prohibit such action.
the company and you BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO agree that any LITIGATION will be conducted only on an individual basis and not in a class, consolidated or representative action.
If any of the Indemnified Parties undertake any action to enforce these Terms and/or the Agreement, such party will be entitled to recover from you, and you hereby agree to pay, any and all attorneys’ fees and any costs of litigation, in addition to any other relief at law or in equity to which such party may be entitled. In such event, Indemnified Parties shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorneys’ fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through institution of formal legal proceedings.
Limitation on Use by Minors
No one under the age of majority in the State from where the User is accessing this Website is permitted to Use the Website without the involvement of a parent or guardian. If you are a parent and believe the Company may have inadvertently collected information from your child, please notify the Company immediately by sending an email to email@example.com. Moreover, you should be aware of the fact that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to material that it considers to be harmful to minors.
For convenience sake only, examples of some such protections are listed below. However, as otherwise set forth herein, the Company does not accept any liability for the products and services provided by any third parties. Nor does the following listing constitute, in any way, an endorsement of these products by the Company. Rather, it is being provided only as an example and for your convenience.
- Net Nanny – available at http://www.netnanny.com
- SafeEyes – available at http://www.internetsafety.com/safe-eyes
- Web Curfew – available at https://webcurfew.com
Pursuant to California Civil Code Section 1789.3, California residents are hereby advised of the following: (a) the Company is located at 333 East Lancaster Avenue, #417, Wynnewood, Pennsylvania 19096 and can be reached at firstname.lastname@example.org; (b) these Terms have provided you with advance notice of any applicable charges resulting from or related to your Use of the Website and/or its services; (c) Users may contact the Company at the address or email address indicated above to resolve a complaint or receive further information regarding any aspect of the services provided by the Website; and (d) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or via telephone at 800-952-5210.
Any and all notices or other communications, if any, that are to be given to the Company under this Agreement must be in writing, which shall be given by delivery to the address set forth below, by way of either personal delivery, regular mail, certified mail, return receipt requested, two-day mail or overnight mail by a commercial carrier, facsimile transmission, or email. Notices to you, including but not limited to service of process initiating any proceeding related to this Agreement, if any, shall be provided by the Company via email or any other address which the Company reasonably believes to be associated with you, or by posting said notice on the Website.
Notice shall be deemed effective upon delivery of the same. By accessing and/or using the Website, you acknowledge and agree that you are communicating with the Company electronically, and consent to receive communications from the Company electronically. You acknowledge and agree that all agreements, notices, disclosures, and/or other communications that the Company may provide to you electronically are effective; satisfy any legal requirement that such communications be in writing; and shall be deemed delivered to you. Without limitation, you specifically waive any objection or challenge respecting service of process so long as such documents and notices are delivered pursuant to the terms of this section.
Notices sent by certified mail, return receipt requested, two-day mail or overnight mail by a commercial carrier or facsimile transmission (with self-generated confirmation of receipt) shall be deemed given upon sending. Notices by personal delivery shall be deemed given upon delivery. Notices by email shall be deemed effective twenty-four (24) hours after the message was sent, so long as no “System Error” message or other notice of non-delivery is generated. Notices by regular mail shall be effective when received at the address to which they are sent. Notices shall be addressed as set forth below, which may be modified from time to time. The addresses for giving notice are as follows:
LJH Media Ventures LLC
333 East Lancaster Avenue, #417
Wynnewood, Pennsylvania 19096
The Agreement is not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. You promise to perform all further acts and execute all supplementary instruments or documents which may be requested by the Company to carry out the provisions and effectuate the intent of this Agreement. The Company’s failure to enforce any term, provision or condition of these Terms and/or the Agreement, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances shall not be deemed a waiver.
You specifically acknowledge that you have not accepted these Terms on reliance of any representations or other promises of the Company, which are not specifically included herein. You specifically stipulate that these Terms do not constitute a contract of adhesion. The gender terms in these Terms shall apply equally to either gender. The headings in these Terms shall have no force and effect.
By using the Website, you agree that you are of legal age to enter into a contract and have had the opportunity to review the terms of the Agreement with counsel of your choosing, if you wished to do so. You further acknowledge that you have thoroughly read these terms and conditions; that you are giving up certain legal rights that may otherwise exist; have asked any questions you desire to clarify its meaning; and believe it is in your interest to nevertheless proceed. Any rights not expressly granted herein are reserved.
If you have any questions or concerns about this Agreement, please do not Use the Website and kindly contact the Company at email@example.com.