WEBSITE DISCLAIMER
Effective Date: ________
Website: ________ (the “Website”)
This Website Disclaimer (this “Disclaimer”) governs your access to and use of the Website identified above and any content, materials, information, products, or services made available on or through it (collectively, the “Services”).
§ 1. Parties. The Website and the Services are owned and operated by ________, a ________ organized under the laws of the State of ________, with its principal place of business at ________ (the “Company,” “Operator,” “we,” “us,” or “our”). You, as a user of the Website (“you” or “User”), and the Company are each referred to as a “Party” and collectively as the “Parties.” The Company may be contacted at ________.
§ 2. Effective Date; Acceptance. The “Effective Date” identified above is the date on which this Disclaimer becomes effective. By accessing or continuing to use the Website, you acknowledge that you have read, understood, and agree to be bound by each term, condition, and section of this Disclaimer. If you do not agree to this Disclaimer, you must immediately discontinue all use of the Website.
§ 3. Eligibility. You must be at least eighteen (18) years of age to use the Website. By using the Website, you represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to understand and agree to this Disclaimer. The Company assumes no responsibility or liability for any misrepresentation of your age. If you are under eighteen (18) years of age, you must cease using the Website immediately.
§ 4. No Professional Advice; No Fiduciary Relationship.
(a) The information and documents provided by the Company are for general informational purposes only and do not constitute legal, tax, accounting, brokerage, financial planning, or investment advice, nor a solicitation of any investment.
(b) No attorney-client, fiduciary, advisory, or other professional relationship is created between you and the Company by reason of your use of the Website. The Company is not acting as your attorney, certified financial planner, accountant, broker, or other regulated advisor.
(c) If you require legal, tax, financial, or other professional advice, you should consult a qualified professional, such as your own attorney, accountant, or financial advisor. You are solely responsible for assessing whether any document, information, or Service is appropriate for your particular situation.
§ 5. Disclaimer of Warranties. Your use of the Website and the Services is at your sole and exclusive risk. THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The Company makes no warranty that the Website will meet your requirements, or that access will be uninterrupted, timely, error-free, or secure, or as to the reliability, accuracy, completeness, currency, or quality of any information obtained through the Website or the Services. To the fullest extent permitted by law, the Company shall not be liable for any errors, omissions, loss, or damage arising from your use of the Website. Any damage to your computer or mobile system, or any loss of data resulting from your use of the Website, is your sole responsibility. Some jurisdictions do not allow the exclusion of certain warranties, so some of the foregoing exclusions may not apply to you.
§ 6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO THE COMPANY IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. This limitation applies to any and all claims of any kind, including without limitation claims for lost profits or revenues, loss of data, and indirect, incidental, special, consequential, exemplary, or punitive damages, whether based in contract, negligence, strict liability, fraud, tort, or any other theory, even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of certain liabilities; in such jurisdictions the Company’s liability shall be limited to the greatest extent permitted by law.
§ 7. No Guarantee of Results. The Company makes no representation, assurance, or guarantee of any particular outcome resulting from your use of the Website, including without limitation any business or financial outcome.
§ 8. Intellectual Property. The Website and all content, materials, and Services, including all copyrights, trademarks, service marks, trade secrets, patents, and other intellectual property rights therein (collectively, the “Company IP”), are and shall remain the exclusive property of the Company and its licensors. You acknowledge that the Company owns all right, title, and interest in and to the Company IP. You agree not to use the Company IP for any unlawful or infringing purpose, and not to copy, reproduce, distribute, modify, publicly display, or create derivative works from the Company IP, in whole or in part, without the Company’s express prior written permission.
§ 9. Prohibited Uses. You agree not to use the Website for any unlawful purpose or any purpose prohibited by this Disclaimer, and not to use the Website in any manner that could damage, disable, overburden, or impair the Website or the general business of the Company. Without limiting the foregoing, you agree not to use the Website:
(1) to harass, abuse, or threaten others or otherwise violate any person’s legal rights;
(2) to violate any intellectual property rights of the Company or any third party;
(3) to upload or otherwise disseminate any computer virus or other software that may damage the property of another;
(4) to perpetrate any fraud;
(5) to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
(6) to publish or distribute any obscene or defamatory material;
(7) to publish or distribute any material that incites violence, hate, or discrimination toward any group; or
(8) to unlawfully gather information about others.
§ 10. Third-Party Links and Content. The Website may contain links to or content from third-party websites or resources. The Company does not control, endorse, or assume any responsibility for any third-party websites, content, products, or services, and your use of any such third-party resources is at your own risk and subject to the terms of those third parties.
§ 11. Indemnification. You agree to indemnify, defend, and hold harmless the Company and its officers, directors, members, managers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Website or your breach of this Disclaimer.
§ 12. Governing Law. This Disclaimer and any matter or dispute relating to or arising out of this Disclaimer, or any dispute of any kind that may arise between you and the Company, shall be governed by and construed in accordance with the laws of the State of ________ and applicable U.S. federal law, without regard to its conflict-of-law principles.
§ 13. Arbitration; Waiver of Jury Trial and Class Action. In the event of any dispute between the Parties relating to or arising out of this Disclaimer, the Parties shall first attempt to resolve the dispute personally and in good faith. If such personal resolution efforts fail, the dispute shall be submitted to binding arbitration administered in accordance with the rules of ________ and conducted pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitration shall take place in ________ County, State of ________, or such other location chosen by the Company, before a single arbitrator. The arbitrator shall have no authority to add parties, vary the provisions of this Disclaimer, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing U.S. federal law and the laws of the State of ________. Each Party shall bear its own costs and fees. Intellectual property claims brought by the Company shall not be subject to arbitration and may be litigated in a court of competent jurisdiction, as the sole exclusion to this section. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION WITH RESPECT TO CLAIMS SUBJECT TO ARBITRATION.
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§ 16. No Waiver. The failure of the Company to enforce any right or provision of this Disclaimer shall not constitute a waiver of such right or provision or any other right or provision.
§ 17. Entire Agreement. This Disclaimer constitutes the entire understanding between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral, relating to such subject matter.