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Effective Date: May 7, 2022
These General Terms and Conditions (“General Terms”) are a legal agreement between you (“you,” “your”) and this website (“SITE,” “we,” or “us”). These General Terms govern your use of this SITE’s services, including mobile applications, websites, software, hardware, data, rankings, grades, and other products and services (collectively, the “Services”). By visiting our website or using our Services in any way, including but not limited to viewing any of our content, you represent and warrant that: (i) you are at least 18 years of age; (ii) you have the right to enter into this agreement with us; (iii) if you are using our website or Services on behalf of a business or legal entity, you represent and warrant that you have the authority to bind such business or legal entity; (iv) all information you provide us will be accurate and complete; and (v) you accept these General Terms and our Privacy Policy, agree to be bound by both, and agree that you will only use our website and the Services in compliance with these General Terms. If you do not agree, you must not use our website or our Services in any way.
PLEASE NOTE THAT THESE GENERAL TERMS CONTAIN A CLASS ACTION WAIVER AND WAIVER OF RIGHT TO JURY TRIAL CLAUSE, WHICH ALTERS YOUR DISPUTE RESOLUTION RIGHTS. PLEASE READ THESE SECTIONS CAREFULLY BEFORE CONTINUING.
To the extent that we are required to provide you with any notice under any applicable law or otherwise, to the extent such waiver is permitted by law in such jurisdiction, you hereby waive the right to such notice without limitation. We may, in our sole discretion, provide disclosures and notices (including ones required by law) to you electronically, by posting it on our website, or by emailing it to any email address you have provided us, if any. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time such disclosure or notice is posted to our website, or within twenty-four (24) hours of the time emailed to you, whichever occurs first. If you do not agree to any of these terms and conditions, you must not use our website or our Services in any way.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY MATERIALS, INFORMATION, LINKS, DATA, RATINGS, RANKINGS, RECOMMENDATIONS, OR OTHER CONTENT PROVIDED THROUGH THE SERVICES. ANY MATERIALS, INFORMATION, LINKS, DATA, RATINGS, RANKINGS, RECOMMENDATIONS, OR OTHER CONTENT OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT.
IN NO EVENT SHALL THE TOTAL LIABILITY OF SITE AND ITS OWNERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, PROCESSORS, SUPPLIERS, AND LICENSORS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE GENERAL TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO SITE, IF ANY, DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM AROSE.
Except for disputes that qualify for small claims court, all Disputes shall be submitted to confidential arbitration in the state of Texas. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.
Any arbitration shall be conducted by a single arbitrator appointed by the AAA, and the arbitrator’s decision will be final and binding.
The arbitration proceedings will be conducted in English and held in a location determined by the AAA in the state of Texas, unless you and we agree otherwise. Each party will bear its own costs and expenses related to the arbitration, and the parties will share equally the fees and expenses of the arbitrator.
You and we agree that any arbitration will be conducted on an individual basis and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You also agree not to participate in any class action or class-wide arbitration against us.
If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Dispute must be litigated in a state or federal court in Texas. You and we agree to submit to the personal jurisdiction of the courts located within Texas for the purpose of litigating all such Disputes.
If any provision of these General Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these General Terms will otherwise remain in full force and effect and enforceable.
No waiver by us of any breach or default under these General Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
These General Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.
These General Terms and any dispute or claim arising out of or in connection with them or their subject matter, including any disputes or claims relating to the Services, will be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of laws principles.
SITE reserves the right to modify these General Terms at any time, in its sole discretion. If we make any material changes to these General Terms, it will notify you by posting the updated terms on the website or through other reasonable means. Your continued use of the Services after the effective date of the modified terms constitutes your acceptance of the modified terms.
You may not assign or transfer these General Terms, or any rights or obligations herein, without our prior written consent. We may freely assign or transfer these General Terms without restriction. These General Terms are binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.
No joint venture, partnership, employment, or agency relationship exists between you and SITE as a result of these General Terms or your use of the Services.
Thank you for reviewing these General Terms. If you have any further questions or concerns, please feel free to contact us through the appropriate channels.
