These Terms of Use shall remain in full force and
effect while you use the Site. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and
creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if
you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we
reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal,
and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at
our sole discretion without notice. However, we have no
obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or
part of the Site without notice at any time. We will not
be liable to you or any third party for any
modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all
times. We may experience hardware, software, or other
problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or
for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use
the Site during any downtime or discontinuance of the
Site. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in
connection therewith.
These Terms of Use and your use of the Site are
governed by and construed in accordance with the laws of
the State of Florida applicable to agreements made and to be entirely
performed within
the State of Florida, without regard to its conflict of law
principles.
Binding Arbitration
If the Parties are unable to resolve a Dispute
through informal negotiations, the Dispute
(except those Disputes expressly excluded below)
will be finally and exclusively resolved by
binding arbitration. YOU UNDERSTAND THAT WITHOUT
THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE
IN COURT AND HAVE A JURY TRIAL. The arbitration
shall be commenced and conducted under the
Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the AAA
website www.adr.org. Your arbitration fees and
your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person,
through the submission of documents, by
phone, or online. The arbitrator will make a
decision in writing, but need not provide a
statement of reasons unless requested by
either Party. The arbitrator must follow
applicable law, and any award may be
challenged if the arbitrator fails to do so.
Except where otherwise required by the
applicable AAA rules or applicable law, the
arbitration will take place in
miami-dade County, Florida. Except as otherwise provided herein, the
Parties may litigate in court to compel
arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or
enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in court
rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal
courts located in
miami-dade
County, Florida, and the Parties hereby consent to, and waive
all defenses of lack of personal jurisdiction,
and forum non conveniens with respect to venue
and jurisdiction in such state and federal
courts. Application of the United Nations
Convention on Contracts for the International
Sale of Goods and the the Uniform Computer
Information Transaction Act (UCITA) are excluded
from these Terms of Use.
In no event shall any Dispute brought
by either Party related in any way to
the Site be commenced more than
one (1)
years after the cause of action
arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect
to arbitrate any Dispute falling within that
portion of this provision found to be
illegal or unenforceable and such Dispute
shall be decided by a court of competent
jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that
court.
Restrictions
The Parties agree that any arbitration shall
be limited to the Dispute between the Parties
individually. To the full extent permitted by
law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on
a class-action basis or to utilize class
action procedures; and (c) there is no right
or authority for any Dispute to be brought in
a purported representative capacity on behalf
of the general public or any other
persons.
Exceptions to Arbitration
The Parties agree that the following Disputes
are not subject to the above provisions
concerning binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the
validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this
provision is found to be illegal or
unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that
portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the
Parties agree to submit to the personal
jurisdiction of that court.
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and
various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any
time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED
TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO $1,000.00 USD. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out
of:
(1) use of the Site; (2) breach of these Terms of
Use; (3) any breach of your representations and
warranties set forth in these Terms of Use; (4) your
violation of the rights of a third party, including
but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the
Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive defense and
control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this
indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the
Site for the purpose of managing the performance of the
Site, as well as data relating to your use of the Site.
Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using
the Site. You agree that we shall have no liability to
you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from
any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You
consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and
other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or
retention of non-electronic records, or to payments or
the granting of credits by any means other than
electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance Unit
of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible
by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void,
or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or
use of the Site. You agree that these Terms of Use will
not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute
these Terms of Use.
In order to resolve a complaint regarding the Site or
to receive further information regarding use of the
Site, please contact us at:
Common Zen Media Inc
4045 Sheridan Ave #392
Miami Beach,
FL
33140
United States
Phone:
9192851784
commonzenmedia@gmail.com
