BIG SISTER CORP.
We have the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
(a) change or terminate all or any part of our Services;
(b) restrict or terminate your access to all or any part of our Services; or
(c) refuse, move, or remove any content that is available on the Services.
- Access to the Services. We are providing you with the information and functionality of the Services. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, a compatible browser, and any telephone, wireless or other connection and service fees associated with such access. The Services are available only to individuals and entities who can form legally-binding contracts under applicable law. Without limiting the foregoing, you must be 18 years of age or older to register for and/or use the Services. If you do not qualify, please do not use the Services. We reserve the right to deny access and/or registration to the Services to anyone at any time in our sole and absolute discretion. Further, We reserve the right refuse to provide the Services and/or to cancel any service requests at any time in our sole and absolute discretion.
- License. The Extension is licensed, not sold. These Terms only give you some rights to use the Extension. You may use the Extension only as expressly permitted in these Terms. In doing so, you must comply with any technical limitations in the Extension that only allow you to use it in certain ways. Subject to the terms set forth in these Terms, we grant you a nonexclusive, nontransferable, non-sublicensable, revocable, limited right to install and run the Extension on your device.
- User Obligations. In consideration of your use of the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Services, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Services for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, we have the right to refuse any and all current or future use of the Services (or any portion thereof).
- Account and Password Security. Depending upon the Services you seek to access, we may request that you register and set up an account and password. You agree and acknowledge that you will not allow others to utilize your account and that you will not disclose your password to anyone. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You agree to: (i) immediately notify us of any unauthorized use of your password or account or any breach of security, (ii) immediately change your password if you become aware that your account has been compromised, and (iii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else’s password on the Services or attempt to gain access to the account of any other person. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
- Limits on Liability. We will not be liable for:
(a) the contents of any communication, message, or information posted by you or other third parties;
(b) the content of any website not controlled, owned, or operated by us that is accessed from or linked to the Services;
(c) the content, services or information provided by any website, extension, or other service purporting to be operated by us, but not actually affiliated with, controlled, owned, or operated by us; or
(d) any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
If you are dissatisfied with any portion of the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Services.
- Content. All recommendations, offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Services may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. We shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor anything affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to the information on the Services, at any time without notice.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Services. You acknowledge that you may not rely on any content on the Services. We do not endorse or represent the reliability, accuracy or quality of any information or services displayed on or recommended through the Services. We make no representations or warranties, express or implied, with respect to the information provided on the Services, including any products or services linked to through the Services.
- Third-Party Websites. Although we hope that you will find the material on the Services informative, the material and links to third-party websites and resources that may be included on the Services are provided for informational purposes only. We make no representations or warranties, express or implied, with respect to the information provided on any third-party website which may be accessed by a link from the Services, including any representations or warranties as to accuracy or completeness. Because we have no control over third-party websites and resources, you acknowledge and agree that we are not responsible for the information and contents of such third-party websites and we are not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
- Proprietary Rights. You acknowledge and agree that content contained on the Services or information presented to you through the Services may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of the Services, in whole or in part. You may not reverse engineer, decompile, or disassemble the Services or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. You also may not remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services. We own the copyright of those portions of the Services owned by us. All rights reserved. You agree that all of our trademarks, trade names, service marks, logos and service names are trademarks and are our property. You agree not to display or use in any manner our trademarks, without our express prior permission.
- No Reproduction or Resale. You agree not to reproduce, duplicate, copy, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any portion of the Services (including any features or functionality), use of the Services, or access to the Services.
- Indemnification. You agree to indemnify and hold us, our directors, officers, employees, shareholders, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.
- Enforcement. We do not assume responsibility to you or others for any failure by us to enforce the provisions contained in the Terms.
- Termination. You agree that we, in our sole discretion and with or without notice, may terminate your use of the Services (or any part thereof) for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of the Terms may be effected without prior notice, and acknowledge and agree that we may immediately bar any further access to the Services. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Services.
- General Acknowledgments. You acknowledge that we may establish general practices and limits concerning your use of the Services. You agree that we have no responsibility or liability for the failure of the Services and the deletion of other content maintained or transmitted by the Services. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND INFORMATION AND MATERIAL IN THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SERVICES AND INFORMATION AND MATERIAL IN THE SERVICES, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SERVICES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SERVICES USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
WE MAKE NO WARRANTY THAT (i) THE SERVICES AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SERVICES OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SERVICES AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE AND ACKNOWLEDGE THAT ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES PURCHASED OR DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
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 MAY NOT APPLY TO YOU.
- LIMIT ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOST PROFITS, LOST DATA OR LOSS OF USE DAMAGES, REGARDLESS OF WHETHER THEY ARE FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF THE SERVICES AND THESE TERMS WILL NOT EXCEED $10.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. The parties waive the application of the United Nations Commission on International Trade Law and United Nations Convention on Contracts for the International Sale of Goods as to the interpretation or enforcement of these Terms. For any action not otherwise required to be taken through arbitration under these Terms, any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Los Angeles. You and we waive any and all objections to the exercise of jurisdiction over you or us by such courts and to venue in such courts or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
- BINDING ARBITRATION. PLEASE READ THIS PROVISION OF THESE TERMS CAREFULLY. THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”) NOT STATE LAW, AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW WILL ALLOW.
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THESE TERMS, OR TO THE SERVICES (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.
Right to Resort to Provisional Remedies Preserved. Nothing herein will be deemed to limit or constrain our right to resort to self-help remedies or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction.
Notice of Dispute. The party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating arbitration. Notice to us should be sent to 3511 T Street NW Washington, DC 20007. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested. Notice to you may be sent by us to the email we have on file for you. You and we will use reasonable efforts to resolve any dispute through informal negotiations, provided however, that if you and we are not able to resolve the dispute within 60 days, then you or we may commence arbitration.
Arbitration Claims. Arbitration shall be conducted by the American Arbitration Association (“AAA”) according to the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by these Terms (the “Arbitration Rules”). You can obtain copies of the AAA Rules at the AAA’s website (www.adr.org) or by calling 800-778-7879. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in Los Angeles, CA. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA.
Arbitrator and Arbitration Awards. The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the Arbitration Rules, which may limit discovery. The arbitrator must be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience or a retired or former judge selected in accordance with the Arbitration Rules. The arbitrator shall not apply any federal or state rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and shall take reasonable steps to protect confidential information of either party if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA, applicable statute of limitations, and other limits on Claims set forth in these Terms, and may award damages or other relief under applicable law. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration, and shall not have any bearing on any other person or dispute. For awards in excess of $25,000, the arbitrator will issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based. Otherwise, the arbitrator shall make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award.
Costs. The party initiating the arbitration will pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse your filing fee. All other fees and cost will be allocated in accordance with the Arbitration Rules. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so. Each party will bear the expenses of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from other party if the arbitrator, applying applicable law, so determines.
Final Award. Any award by an arbitrator is final. A final award is subject to judicial review as provided by applicable law.
Survival and Severability of Terms. This arbitration provision shall survive changes in or termination of these Terms, including the bankruptcy of any party. If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim. This arbitration provision may not be amended, severed or waived, except as provided in these Terms or in a written agreement between you and us.
- WAIVER OF JURY TRIAL. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OR FROM THE SERVICES. IN THE EVENT OF LITIGATION, THIS SECTION MAY BE FILED WITH THE COURT TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. You and we agree that we do not intend this Section to invalidate or alter in any way the Section of these Terms on Binding Arbitration.
- Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or use of the Services must be filed within two (2) years after such claim or cause of action arose or be forever barred.
- Assignment; Waiver. You will not, without our prior written consent, in any form or manner assign, transfer, or sublicense any rights under these Terms to any other person or entity. Any such assignment, transfer, or sublicense absent our prior written consent will be void and of no force or effect and will cause the immediate termination of our agreement with you. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
- Survival. The provisions of these Terms, which, by their terms, are intended to survive termination or expiration of our agreement shall survive termination or expiration of our agreement.
- Headings. The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.