User Agreement
1. Acceptance of Terms
This is a legal agreement ("Agreement") between you, the potential user of this website ("you") and Sent From Ebove, LLC ("SFE"). Your use of this website ("Site") or any of the products and services offered on this Site (collectively, the "Services") is conditioned on your acceptance without modification of these Terms of Service ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, you should not use the Site or Services. SFE may at its sole discretion modify these Terms at any time and such modifications will be effective immediately upon being posted on this Site. The most current version of these Terms can be accessed through the "Terms of Use" link in the "About" section of the Site. You agree to review these Terms periodically, and your continued use of the Site and Services after the posting of modifications constitutes your affirmative agreement to abide and be bound by the Terms, as modified.
2. Changes to the Site.
SFE reserves the right to modify or discontinue any of the Services and material displayed on or offered through the Site, with or without notice to you, and is not obligated to support or update the Site or Services.
3. Registration Obligations
If and when you register on the Site, you agree to: (a) provide true, accurate, complete, and current information (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site and/or remove any content you have provided from the Site.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at . You are solely responsible for any and all activities, whether by you or anyone else (including without limitation purchases) conducted through your account.
4. Rules of Conduct
You warrant, represent and agree that you will not contribute any content that infringes or violates the rights of any other party or violates any laws, contributes to or encourages infringing or otherwise unlawful conduct, or is obscene or in poor taste. You agree that use of the Site and Services is subject to all applicable national, federal, state, and local laws and regulations, and that you are solely responsible for the contents of your communications through the Site and Services.
We may remove any user content and/or disclose such user content and the circumstances surrounding its transmission to any third party in order to: (a) operate the Site properly; (b) to protect ourselves, our sponsors, and our members and visitors; and (c) comply with legal obligations or governmental requests. You agree that any user content posted to the Site is the sole responsibility of the individual who originally posted the user content, and that your sole recourse for any damage you may suffer as a result of such user content shall be to such individual.
5. Termination of Service
SFE reserves the right to terminate or suspend your access to the Services or Site, with or without cause, at any time and effective immediately. Reasons SFE may terminate or suspend your account shall include, but are not limited to, the violation of any of these Terms.
You may cancel your SFE account at anytime, and cancellation will be effective immediately. To cancel your account, contact us by using the "Contact us" link in the "About" section of the Site.
6. Proprietary Rights
You agree that the Site and Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary information and material that is owned by SFE and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Site and Services in compliance with these Terms. No portion of the Site or Services may be reproduced in any form or by any means, unless previous written permission is obtained. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Services in any unauthorized way whatsoever.
7. Privacy Policy
Your use of the Site is subject to our privacy policy. To view our privacy policy, please visit http://www.sentfromebove.com/live/index.php/site/privacy_policy/.
8. Disclaimer of Warranties
THE SITE, THE CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DISPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, SFE and its affiliates, suppliers, and agents do not warrant that your use of the site and access to and use of Content and all tools will be uninterrupted, error-free, or secure, that any information obtained therein is accurate, reliable or complete, that defects will be corrected, or that any software, the Site, or the server(s) on which the Site is hosted are free of viruses or other harmful components. Your use of the Site and any information or materials provided on or through the Site is entirely at your own risk.
9. Limitation on Liability
IN NO EVENT SHALL SFE, ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR OR EMPLOYEE OF SFE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT SFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE
10. Disputes With Other Users
You are solely responsible for your interactions with other SFE users. SFE reserves the right, but has no obligation, to monitor disputes between you and other users.
11. Disputes With SFE and Jury Trial Waiver; Arbitration
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS. THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT.
WITHOUT INTENDING IN ANY WAY TO LIMIT YOUR AGREEMENT TO WAIVE YOUR RIGHT TO A TRIAL BY JURY, if the above waiver of the right to a trial by jury is not enforceable, YOU AND SFE AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through SFE may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, SFE will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall 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 OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover in any legal action or proceeding referred to in this section any special, exemplary, punitive or consequential damages.
12. Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth above), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, in the County of Los Angeles, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California, in the County of Los Angeles.
13. Entire Agreement; Severability
This Agreement, accepted upon use of the Site and further affirmed by becoming a user, contains the entire agreement between you and SFE regarding the use of the Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.