Last Updated: December 2, 2019
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g. Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
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a. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY, SUITABILITY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
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d. WE DO NOT REPRESENT OR WARRANT THAT: (i) THE SITE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS, (ii) THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE, OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE SITE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. WE WILL NOT BE RESPONSIBLE FOR: (1) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER, (2) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT, (3) INABILITY OF USERS TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (4) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET, (5) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS, OR (6) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
e. WE DO NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS.
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b. WE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
c. WE SHALL BE LIABLE TO USERS ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE TO USER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY USER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, OR MAY PROVIDE ADDITIONAL RIGHTS THAT MAY NOT BE WAIVED PURSUANT TO THIS DOCUMENT.
d. YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
e. USERS WHO RESIDE IN CALIFORNIA AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 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.”
f. TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE-HUNDRED DOLLARS ($100.00).
You agree to indemnify and hold us, our affiliates, employees and members (each an “Indemnitee”) harmless from and against any claims, suits, actions or proceedings (“Claims”) brought and damages, costs (including attorneys’ fees) and/or judgments awarded against us that arise from or in connection with: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of user’s use of the Site or user’s actions, (ii) breach by user of this Agreement, or (iii) user’s failure to comply with all applicable laws. We shall give user written notice of such Claims, permit user to defend (with counsel reasonably acceptable to us) and/or settle such Claims (upon terms reasonably acceptable to us), and, subject to our sole discretion, give user information and assistance reasonably requested by user in connection with such Claims.
The Site is provided on an “AS IS” and “WITH ALL FAULTS” basis. Content, advertising, sponsorships, promotions and other information made available on the Site are provided for your reference only.
The provisions of this Agreement that by their nature are intended to survive the expiration or earlier termination, including those provisions relating to ownership, indemnification/defense, warranty disclaimer, and limits of liability shall survive the expiration or earlier termination of this Agreement.
a. Notice. We may give notice by means of a general notice through the Site or via email at any address you have provided us. You may give notice to us at any time by any of the following: email with confirmed receipt to email@example.com or letter delivered by nationally recognized overnight delivery service to the following address: Justice Ad Group, LLC, 13809 Research Boulevard Ste 500, Austin, TX 78750.
b. Force Majeure. If the performance of this Agreement, or any obligation hereunder is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, strikes or labor disputes, inability to procure or obtain delivery of items, supplies, telecommunication services, equipment or software, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental authority, or any other act or condition whatsoever beyond our reasonable control, we shall be excused from such performance to the extent of such prevention.
c. Severability. To the extent that any provision or portion of this Agreement is deemed to be invalid, illegal or unenforceable, such provision or portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of this Agreement, as the case may be, shall remain binding upon the parties.
d. Assignment. User may not, without our prior written consent (which may be given or withheld in our sole discretion), assign or transfer this Agreement or any of its rights or obligations under this Agreement to any third-person. We may assign this Agreement to any person or entity without your consent. We may delegate to our affiliates, agents, suppliers and contractors any of the obligations herein imposed upon us and we may disclose to any such persons any information required by them to perform the duties so delegated to them.
e. Waiver. A failure or delay by us to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement.
f. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without reference to conflict or choice of law rules or principles.
g. Arbitration. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE BREACH, TERMINATION OR VALIDITY THEREOF, SHALL BE FINALLY RESOLVED BY ARBITRATION OR SMALL CLAIMS COURT. The arbitration tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. We will cover the initial costs of arbitration with a consumer claimant. The arbitration may take place in the consumer’s home county at consumer’s election. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a portion of the agreement to arbitrate is found invalid or unenforceable, the remaining portions of the arbitration agreement will remain in force except in the event that class arbitration is requested and the prohibition on class arbitration is found invalid or unenforceable. In such event the entire agreement to arbitrate will be null and void.
h. Non-Arbitration Forum; Venue. In the event that a challenge to the jurisdiction of the arbitrator or a challenge to the validity or enforceability of any portion of the agreement to arbitrate is sustained, the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Texas located in Travis County or in the United States District Court for the Western District of Texas for the purposes of any suit, action or other proceeding arising out of this Agreement or the subject matter hereof that cannot be arbitrated as the result of such challenge. The parties hereby waive and agree not to assert as a defense or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, or that the venue of the suit, action or proceeding is improper.
i. Waiver of Jury Trial and Class Suit. You acknowledge and understand that, with respect to any dispute with us, our affiliates, employees and members relating to or arising from your use of the Site or this Agreement that YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
j. Miscellaneous. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
k. Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing any meanings contained in this Agreement. Unless the context of this Agreement clearly requires otherwise: (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) references to one gender include all genders, (iii) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (iv) “including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation,” and (v) references to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party, and that ambiguities shall not be interpreted against the drafting party.
l. Attorneys’ Fees. If a challenge to the jurisdiction of the arbitrator or a challenge to the validity or enforceability of any portion of the agreement to arbitrate is sustained and a lawsuit between you and us is necessary in order to enforce any of the terms of this Agreement, the prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
m. Relationship. This Agreement creates no agency, partnership, joint venture, or employee-employer relationship between you and us, unless otherwise stated in writing by us.
n. Entire Agreement. This Agreement sets forth the entire agreement of the parties, and supersedes any prior agreement and any prior discussion between the parties, relating to the subject matter contained herein. Neither party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as contemporaneously or subsequently set forth in writing and signed by a duly authorized officer or representative of the party to be bound thereby.
Any comments or requests for further information may be directed to:
Justice Ad Group LLC
13809 Research Boulevard, Ste 500
Austin, Texas 78750