Welcome to the
PLEASE NOTE THAT BY ACCESSING OR USING ANY PART OF THE WEB SITES OR THE SERVICES, REGARDLESS OF HOW YOU INTERACT WITH US – ONLINE, MOBILE, OR IN ANY OTHER MANNER, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION PROCEDURE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITES OR THE SERVICES.
1. Using the Websites.
a. Eligibility. Certain services may only be used by individuals who can form legally binding contracts under applicable law (i.e., those 18 years of age or older).
b. User Registration. To become a registered user, you must create an account with
c. Passwords. When you open your account, you will be asked to choose a password. You must keep your password confidential. You will be responsible for all uses of your password and account, including, without limitation, any use by any unauthorized third party. You must notify
d. Mobile. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
2. Your Content.
a. License. By posting, storing or transmitting any content on or to the Websites, you hereby: (i) grant
b. Our Right to Use Your Name. If you provide to
c. Objectionable Content. Due to the amount of user content,
d. Prohibited Content. You may not post, submit or transmit any content that: (i) is libelous, defamatory or slanderous; (ii) advocates the violent overthrow of the government of the United States; (iii) incites, encourages or threatens immediate physical harm against another; (iv) presents an immediate and genuine danger to another person or entity; or (v) violates any applicable law, regulation, or rule.
3. User Conduct. In, or as a result of, your use of the Websites and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party, or upload, post, transmit, share, store or otherwise make publicly available on the Websites any private information of any third party or any information that would encourage or provide instructions for an unlawful activity; (ii) disrupt or interfere with the security or use of the Services, the Websites, or any website linked to the Websites; (iii) interfere with or damage the Websites or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation)
5. Intellectual Property Rights.
a. Copyright. All materials on the Websites and used in the Services, including without limitation, the
c. Ownership and Use.
d. Limited License To Multimedia Content.
e. Your Content. Except for the material described in the "Suggestions" section below, to which we will obtain ownership,
6. Linking and Framing. You may create a plain text hyperlink to
7. DMCA Copyright Policy and Copyright Agent.
P.O. Box 80607
San Diego, CA 92138-0607
8. Representations and Warranties.
a. By Each Party. Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under this Agreement, (ii) the assent to and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement constitutes legal, valid and binding obligations of the parties executing or assenting to this Agreement, enforceable in accordance with its terms and conditions, except that: (x) such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws, now or hereafter in effect, affecting creditors' rights and remedies generally, and (y) the remedies of specific performance and injunctive and other forms of equitable relief may be subject to equitable defense and to the discretion of the court before which any proceeding therefore may be brought.
b. By You. You represent and warrant to
9. Indemnification. You agree to indemnify and hold
10. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
a. DISCLAIMER OF WARRANTIES.
b. THIRD PARTY SERVICES. THE THIRD-PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION THAT
c. EXCLUSION OF DAMAGES.
d. LIMITATION OF LIABILITY. IN NO EVENT WILL
11. Force Majeure.
12. Arbitration. All disputes arising out of or relating to this Agreement (including its formation, performance or alleged breach) or your use of the Websites or the Services will be exclusively resolved under confidential binding arbitration held in San Diego County, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing,
13. Changes to the Websites or Service.
15. Notices and Electronic Communications. All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to us you must use the address shown in Section 7. If
16. Suggestions. You agree that any suggestions, ideas, product uses and potential uses, product ideas, feedback or other information about the Websites, the Services, or our products (collectively, "Suggestions"), provided by you to us are non-confidential to you and shall become by virtue of the transmission to us, to the Websites, or to the Services the sole property of
17. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Websites or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
18. Integration. This Agreement contains the entire understanding between you and
19. Additional Terms. This Agreement is binding upon each party hereto and its successors and permitted assigns, and shall be governed by and construed in accordance with the laws of the State of California without reference to the conflict of law principles thereof. We both agree that all actions or proceedings arising in connection with this Agreement shall be arbitrated in accordance with the Arbitration provision of this Agreement exclusively in San Diego County, California, or in the event the matter is for any reason litigated, tried and litigated exclusively in the state or federal courts located in San Diego County, California. This choice of venue (for both arbitration and litigation) is intended by the both of us to be mandatory and not permissive in nature, and to preclude the possibility of arbitration or litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this Section. We both waive any right either of us may have to assert the doctrine of forum non conveniens or similar doctrine or to object to the venue with respect to any proceeding brought in accordance with this Section. This Agreement and all of your rights and obligations under it is not assignable or transferable by you without the prior written consent of