Workamper News Website Terms & Conditions of Use
Workamper News Web Site and Application Terms and Conditions of Use
The following terms and conditions (the "Terms and Conditions") govern your use of this web site or application provided to you by Workamper Media and News, LLC (dba Workamper News) or one of its subsidiaries, and any content, features or functionality made available from or through this web site, including any subdomains thereof, or application (the "Web Site"). The Web Site is made available by Workamper News or its subsidiaries ("we" or "us" or "our"), each of which have adopted these Terms and Conditions with regard to its web site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
WORKAMPER, WORKAMPER.COM, and the WORKAMPER NEWS logo are registered trademarks. The information contained herin has been carefully compiled and is believed accurate. The publishers, authors, contributors, and Workamper News staff disclaim any personal liability, either directly or indirectly, for advice or information presented.
Workamper News agrees to provide a 30-day free trial of Diamond membership level if chosen by client. One free trial per household. By engaging in this contract, Client agrees to the contract terms of 30 days continuous services beginning at execution of this agreement. At the conclusion of the 30 day term, if Client did not revise auto-renew status to off, this agreement will automatically renew for an additional term of 12 Months unless Client notifies otherwise per the normal course of membership cancellation outlined elsewhere on this agreement. The yearly billing will begin upon purchase of membership and will continue until client cancels agreement.
Workamper News agrees to provide services as defined by the specific yearly membership level chosen by client. By engaging in this contract, Client agrees to the contract terms of 12 Months continuous services beginning at execution of this agreement. At the conclusion of the 12 Month term, if Client chose auto-renew when making initial membership purchase, this agreement will automatically renew for an additional term of 12 Months unless Client notifies otherwise per the normal course of membership cancellation outlined elsewhere on this agreement. The yearly billing will begin upon purchase of membership and will continue until client cancels agreement.
Workamper News offers a variety of services including but not limited to a bi-monthly published magazine, online resume database, job listings via web and email, education and training, networking opportunities and more. The exact services offered to Client are dependent on the level of membership elected and the Client’s active participation in the Workamper community.
All memberhsip services will be billed in advance based on the membership level elected. Yearly membership rates billed are noted on the membership level elected on this website. Engagement in this contract is agreement that services provided are authorized to be billed as described.
Workamper News offers a variety of services including but not limited to a bi-monthly published magazine, bi-monthly published newsletter, searchable online resume database, work-wanted ads, employer tour profile, education and training, and more. The exact services offered to Client are dependent on the level of membership elected and the Client’s active participation in the resources.
All memberhsip services will be billed in advance based on the membership level elected. Yearly membership rate billed is noted on the membership level elected on this website. Engagement in this contract is agreement that services provided are authorized to be billed as described.
All advertising services will be billed at time of the advertising request/submission. The first advertisement submitted by an Employer must be paid with a credit card. Subsequent advertising can be paid via credit card or check. An invoice created for advertising and/or membership is due upon receipt. Advertising requests will be held for an Employer who has two or more unpaid invoices, until at least one of the invoices is paid. An unpaid invoice becomes past-due after 30 days.
Cancellation of Auto-Renewal
If client enrolled in automatic renewal and wishes to cancel the automatic renewal, client has that option at any time within their active membership term and can make that change via the Manage Account page after logging into the website (just un-check the Auto Renew box and save your account page), by calling the Workamper News office at 800-446-5627, or by emailing to [email protected]
Cancellation of Limited-Time Trial Membership
If client enrolled in a limited time trial membership and wishes to cancel the automatic renewal to a yearly membership at the end of the indicated number of days, client has that option at any time within the trial period and can make that change via the Manage Account page after logging into the website (just un-check the Auto Renew box and save your account page), by calling the Workamper News office at 800-446-5627, or by emailing to [email protected]
Cancellation of Membership/Subscription
Workamper News offers a compelling list of benefits, but should Client wish to discontinue services for any reason, we offer a generous cancellation policy. Client may terminate this agreement at any time within the 12-Month term by providing a written notice via email to: [email protected] or by calling our office at 800-446-5627. A pro-rated amount for any unused portion of paid membership (any bonus months provided are excluded) as determined by the staff of Workamper News can be requested and refunded in the form of a paper check sent via USPS or a credit/refund to the Client's credit card used for acquiring membership.
If Client - for a second or more time - purchases membership and then requests a refund within the first two weeks after the purchase, Workamper News will provide a refund less a 10% transaction and administration fee.
Additional Terms and Conditions
By engaging in this agreement, Client acknowledges that Workamper News and its staff does not function as Client’s job finding "Agency", legal council, business, tax, or financial adviser. If Client has a tax or legal question, they will seek the advice of an accountant, attorney, or financial adviser. Client is responsible for Client’s actions and hereby releases Workamper News and any of its staff, employees, officers or affiliates from liability for any of Client’s actions or comments that may be influenced by the information contained in products and services received through this or any other products, services, or affiliations. From this day forward, Client assumes full responsibility for Client’s personal, physical, emotional and financial well-being.
I accept under this agreement given to me that I have a duty to read and understand the terms and conditions as set forth here and have done so, including but not limited to the cancellation/refund policy and procedures. I attest to this duty by my purchasing of membership with Workamper News, that I accept and execute this document as set forth. Furthermore, I understand and accept that I am prevented from using lack of reading as a defense against all remedies so contained herein.
You are responsible for the contents of your emails, application forms, screener questions or their format, Employer Tours that you create, Workamper Experience postings that you create, Supercharged Audio recordings that you create, any advertisements that you post, and any messages that you send through our website or otherwise, and agree that Workamper News is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that Workamper News may reject or remove any job listing, any part of an Employer Tour, any part of a Workamper Experiences posting, or any Supercharged Audio recording for any or no reason. Workamper News further does not guarantee delivery, your receipt of a Workamper's emails or application materials, or that there will be no mistakes in the transmission or storage of the data.
You agree that Workamper News may take action to try to identify and reduce spam users. Workamper News does not verify the identity of any Workampers who apply to your job listing, nor does Workamper News know a Workamper's motivation for applying to your job listing, and thus provides no guarantee as to the Workamper’s qualifications or interest in your job opportunity. You agree that Workamper News’s relay functions are presented to you without warranty and Workamper News assumes no responsibility for the communications between you and the Workamper, which communications are yours and the Workamper's sole responsibility.
Workamper News may make available help wanted advertising and other job-related content, including links to third-party websites, through email or otherwise through the Web Site. Help wanted ads are created and provided by third parties over whom Workamper News exercises no control; you acknowledge and understand that Workamper News has no control over the content of help wanted ads, links to or from help wanted ads, or any conditions third parties might impose once a Workamper has contacted the Employer or left the Web Site. For example, some of these third parties may attempt to charge Workampers a fee to apply to a particular job, although Workamper News endeavors not to make such help wanted ads available on the Web Site. If you leave the Workamper News Web Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. You acknowledge and agree that Workamper News has no control over such an Employer or its website. Workamper News has no obligation to screen any help wanted ads, or to include any help wanted ads, in its search results or other listings, and may exclude or remove any help wanted ads from the Web Site or your search result for any or no reason. We cannot confirm the accuracy or completeness of any help wanted ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. Workamper News assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any help wanted ads, Employer Tours, Workamper Expereinces postings, Super Charged Audio recordings, and videos. Additionally, Workamper News may provide search options to narrow down help wanted ads search results by job type categories (i.e. state location, etc.), and such categories are created independently and entirely by Workamper News, and may not directly or accurately reflect the content of the help wanted ads. Placement of a help wanted ad on a certain page is not a representation regarding the nature of the role for legal purposes. While Workamper News may be compensated by Employers who post help wanted ads, all help wanted ads are considered advertising. You are not permitted to use Workamper New’s Web Site or its content other than for non-commercial purposes. For purposes of this section of the Terms & Conditions, all references to “you” or “your” shall mean you, the individual or organization accessing this Web Site in your capacity as a Workamper.
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use.
Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site or Magazine, any commercial or promotional distribution, publishing or exploitation of the Web Site or Magazine, or any content, code, data or materials on the Web Site or in the Magazine, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Web Site or Magazine, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site or Magazine. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site or Magazine, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Web Site or Magazine. If you make other use of the Web Site or Magazine, or the content, code, data or materials thereon or available through the Web Site or Magazine, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site's services is strictly prohibited.
Prohibited User Conduct.
You warrant and agree that, while using the Web Site and the various services, features and functionality offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services or, except as otherwise specifically authorized in these Terms and Conditions or on the Web Site use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site. You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner that could interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Web Site or the Web Site's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights; or (v) use the Web Site or the Web Site's services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could interfere with any other party's use and enjoyment of the Web Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
Right to Monitor and Editorial Control.
Private or Sensitive Information on Public Forums.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
Linking to the Web Site.
Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, you agree that: (i) if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site; (ii) you are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site; and (iii) you agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
You agree to defend, indemnify and hold us and our affiliates and our affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Orders for Products and Services.
We may make certain products available to visitors and registrants of the Web Site. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Third Party Web Sites.
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. Workamper News Inc. disclaims any liability for links (1) from another web site to this Web Site and (2) to another web site from this Web Site. Workamper News cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
We respect the intellectual property rights of others, and require that the people who use the Web Site, or the services or features made available on or through the Web Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
FOR COPYRIGHT NOTICES ONLY
e-mail: [email protected]
Non-copyright inquiries will not be addressed by the copyright agent.
For Customer Service, please contact:
Workamper News Customer Service
110 Tulaka Blvd, Ste. C
Heber Springs, AR 72543-6514
e-mail: [email protected]
DISCLAIMER OF WARRANTIES.
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY US "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Web Site and consult a doctor.
We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site's services at any time. We may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Arkansas, United States of America. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Arkansas, County of Cleburne, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Cleburne County in the State of Arkansas. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
These Terms and Conditions were revised 1/19/2022.