The service allows you to access and provide content. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old and a resident of the United States to register for and use the Service. If you are a user who signs up for the service, you will create a personalized account which includes a unique username and a password to access the service, submit content to the service, and to receive messages from the company. You agree to notify us immediately of any unauthorized use of your password and/or account. The company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the site is conditioned upon the following use, posting and conduct restrictions: You agree that you will not under any circumstances:
– access the service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the service,
– collect or harvest any personal data of any user of the site or the service
– use the site or the service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
– distribute any part or parts of the site or the service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
– use the service for any unlawful purpose or for the promotion of illegal activities;
– attempt to, or harass, abuse or harm another person or group;
– use another user’s account without permission;
– intentionally allow another user to access your account;
– provide false or inaccurate information when registering an account;
– interfere or attempt to interfere with the proper functioning of the service;
– make any automated use of the site, the service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
– bypass any robot exclusion headers or other measures we take to restrict access to the service, or use any software, technology, or device to scrape, spider, or crawl the service or harvest or manipulate data;
– circumvent, disable or otherwise interfere with any security-related features of the service or features that prevent or restrict use or copying of content, or enforce limitations on use of the service or the content accessible via the service; or
– publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
When you create your own personalized account, you may be able to provide comments, posts, videos (“user content”) to the service. You are solely responsible for the user content that you post, upload, link to or otherwise make available via the service.
You agree that we are only acting as a passive conduit for your online distribution and publication of your user content. The company, however, reserves the right to remove any user content from the service at its sole discretion, for any reason.
We grant you permission to use and access the service, subject to the following express conditions surrounding user content. You agree that failure to adhere to any of these conditions constitutes a material breach of these terms.
By transmitting and submitting any user content while using the service, you agree as follows:
– You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
– You will not post information that is malicious, libelous, false or inaccurate;
– You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
– You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
– You hereby agree that we have the right to determine whether your user content submissions are appropriate and comply with these Terms of service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any user content that you make available or access through your use of the service is solely your responsibility. The site is not responsible for any public display or misuse of your user content.
The site does not, and cannot, pre-screen or monitor all user content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the service or with other users.
Opinions, advice, statements, offers, or other information or content made available through the service, but not directly by the site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the site or the service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any user content that you or any other user or third-party posts or sends via the service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the service or transmitted to users.
(c) Counter-Notices. If you believe that your User Content that has been removed from the site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
We may also use your email address to send you other messages, including information about the site or the service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to [email protected] or mail to the following postal address:
2020 Shield Parkway
Waxahachie, Texas 75165
Opting out may prevent you from receiving messages regarding the site, the service or special offers.
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.