Rummelier® Terms and Conditions
These terms of service are entered into by and between You and Rummelierd/b/a Royal Rum Society LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.rummelier.com and/or www.royalrumsociety.com, including any content, functionality, and services offered on or through such domains (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use and our Privacy Policy, you must not access or use the Website.
Rummelier® Certification Disclaimer
The Rummelier® Certification program is an officially USPTO certified program which: “certifies or is intended to certify that the services provided have educated and examined rummilier candidates to insure expertise in the distillation, typing, tasting, flavor profiling and elucidation of the rum spirit. For “Providing advice on rum, rum and food pairing, rum distillation, rum typing, rum tasting, rum flavor profiling and elucidation of the rum spirit”.
Rummelier® candidate certifies that they are at least 21 years of age and/or legal to consume alcohol in their specific country and/or state.
After completion of program, participants are allowed to use the official certification designation for professional and personal purposes including but not limited to: advertising, marketing and designation application.
The titles, "Rumsommer™" and "Rumitasse™" are not considered professional designations and should not be intimated as such.
Rummelier® program is not affiliated in any way shape or form with any other certification programs and does not imply affiliation with any other organizations outside of the Royal Rum Society LLC and its affiliated organizations. Pursuant to official USPTO registered certification requirements, Rummelier® and Royal Rum Society do not have interest in any distillers of spirits nor do they receive any compensation for any endorsement(s). Rummelier® does not imply affiliation or compare itself with any other certification program.
The Royal Rum Society™ retains the right to bestow honorary designations to qualified individuals based on contributions to the advancement and/or knowledge of the rum spirit. The Royal Rum Society™ is the final authority as to the granting of designation. The Royal Rum Society™ may make adjustments in its sole discretion to any requirements for individual candidates based on specific and unique conditions. Additionally, the Royal Rum Society™ retains the right to de-certify individuals based on misconduct, rule violations or misrepresentations of the Rummelier® term and/or the Royal Rum Society™. The Royal Rum Society™ has full authority on de-certification. Candidates that participate in the training will be featured on the website as having become Official Rummeliers®, Rumitasse™ or Rumsommer™. If graduate wishes their name to not be included on the website, they must inform a representative of the Royal Rum Society™. The Royal Rum Society™ reserves the right to make modifications to certification requirements based on candidate circumstances. The Royal Rum Society™ retains the right to modify any requirement(s) in the Rummelier® certification programs based on candidate's proven mastery of subject and/or extraneous conditions beyond either parties control. (ie: candidate access to rum spirits, travel restrictions, pandemics, etc.)
NOTE: PAYMENT FOR SERVICES DOES NOT GUARANTEE CERTIFICATION IN ANY PROGRAM. THE CANDIDATE MUST SUCCESSFULLY COMPLETE ALL SECTIONS OF THE PROGRAM TO THE SATISFACTION OFTHE ROYAL RUM SOCIETY LLC REPRESENTATIVES IN ORDER TO BECOME AN OFFICIAL RUMMELIER®.
Cancellation Policy
Live Event and Online/Virtual Courses/Online Self-Paced Courses:
· After the start date of your course, no refunds or transfers will be given.
Changes to the Terms of Use
We may revise and update these Terms of Use and/or Rummelier® Certification Requirements from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
· Making all arrangements necessary for you to have access to the Website.
· Ensuringthat all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policyand you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
Unless otherwise indicated, The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permityou to use the Website for your personal, non-commercialuse only. You must not reproduce, distribute, modify, createderivative worksof, publiclydisplay, publiclyperform, republish, download, store, or transmitany of the material on our Website, except as follows:
· Your electronicdevice may temporarilystorecopiesof such materialsincidentalto your accessing and viewingthosematerials.
· You may storefilesthat are automaticallycachedby your Web browserfor displayenhancementpurposes.
· You may printor download one copyof a reasonablenumberof pagesof the Website for your own personal, non-commercialuse and not for furtherreproduction, publication, or distribution.
· If we provide desktop, mobile, or other applicationsfor download, you may download a singlecopyto your computer or mobile device solelyfor your own personal, non-commercialuse, provided you agree to be bound by our end user licenseagreementfor such applications.
· If we provide socialmediafeatures with certain content, you may take such actions as are enabledby such features.
You must not:
· Modifycopiesof any materialsfrom this site.
· Use any illustrations, photographs, video or audio sequences, or any graphicsseparatelyfrom the accompanyingtext.
· Deleteor alter any copyright, trademark, or other proprietary rights noticesfrom copiesof materialsfrom this site.
You must not access or use for any commercialpurposes any part of the Website or any services or materialsavailablethrough the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroyany copiesof the materialsyou have made. No right, title, or interest in or to the Website or any content on the Website is transferredto you, and all rights not expressly grantedare reservedby the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violatecopyright, trademark, and other laws.
Any information contained in the website to include photographs does not constitute endorsement of any product or service by either party. All photographs, logos and material are and remain the intellectual property of Royal Rum Society™.
Trademarks
The Company name, marks, and logos, and all related names, logos, product and service names, designs, and slogans, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
· In any way that violates any applicable federal, state, local, or international law or regulation(including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website and/or Social Media websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials(collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution onthe Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
· Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international lawsand regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement in compliance with the following. It is the policy of the Company to terminate the user accounts of repeat infringers.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site(the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCANotice") must include substantially the following:
· Your physical or electronic signature.
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
· A statement that you have a good faithbelief that use of the copyrighted material is not authorizedby the copyright owner, its agent, or the law.
· A statement that the information in the writtennotice is accurate.
· A statement, under penaltyof perjury, that you are authorizedto act on behalf of the copyright owner.
Our designated copyright agent to receive DMCANoticesis:
Gregory Hill
Rummelier® d/b/a Royal Rum Society LLC
If you failto comply with all of therequirements of Section 512(c)(3) of the DMCA, your DMCANotice may not be effective.
Please be aware that if you knowingly materiallymisrepresent that material or activity on the Website is infringing your copyright, you may be heldliable for damages(including costsand attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removedor access to it was disabledby mistakeor misidentification, you may file a counter-notificationwith us (a "Counter-Notice") by submitting writtennotification to our copyright agent designated above and in accordancewith the DMCA. The DMCAallowsus to restorethe removedcontent if the party filingthe original DMCANotice does not file a court action againstyou withinten business daysof receivingthe copyof your Counter-Notice.
Please be aware that if you knowingly materiallymisrepresent that material or activity on the Website was removedor disabledby mistakeor misidentification, you may be heldliable for damages(including costsand attorneys' fees) under Section 512(f) of the DMCA.
Relianceon Information Posted
The information presentedon or through the Website is made availablesolelyfor general information purposes. We do not warrant the accuracy, completeness, or usefulnessof this information. Any relianceyou placeon such information is strictlyat your own risk. We disclaimall liability and responsibility arisingfrom any relianceplacedon such materialsby you or any other visitorto the Website, or by anyone who may be informedof any ofits contents.
This Website may include content provided by third parties, including materialsprovided by other users, bloggers, and third-partylicensors, syndicators, aggregators, and/or reportingservices. All statementsand/or opinions expressedin these materials, and all articlesand responsesto questionsand other content, other than the content provided by the Company, are solelythe opinions and the responsibility of the person or entity providing thosematerials. These materialsdo not necessarily reflectthe opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materialsprovided by any third parties.
Information AboutYou and Your Visitsto the Website
All information we collecton this Website is subjectto our Privacy Policy. By using the Website, you consent to all actions takenby us with respect to your information in compliance with the Privacy Policy.
LikenessAcknowledgement
The Royal Rum Society, LLC has my permissionto use my photograph, video and audio recordings, likeness, artwork, profile and/or writtentestimonialin this and futurepublications, web pagesand other promotional materialsproduced, used by and representingThe Royal Rum Society, LLC and/or its programs. I understand the circulationof the materialscould be worldwideand that there will be no compensation to me for this use.
Online Purchasesand OtherTerms and Conditions
All purchasesthrough our siteor other transactionsfor the saleof goods, services or information formedthrough the Website or resultingfrom visits made by you are governed by our terms of sale, which are herebyincorporatedinto these Terms of Use.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are herebyincorporatedby this reference into these Terms of Use.
Linkingto the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputationor take advantageof it, but you must not establisha link in such a way as to suggestany form of association, approval, or endorsement on our part.
This Website may provide certain socialmediafeatures that enableyou to:
· Link from your own or certain third-partywebsites to certain content on this Website.
· Send emailsor other communications with certain content, or links to certain content, on this Website.
· Cause limited portions of content on this Website to be displayedor appearto be displayedon your own or certain third-partywebsites.
You may use these features solelyas they are provided by us, solelywith respect to the content they are displayedwith, and otherwise in accordancewith any additional terms and conditions we provide with respect to such features. Subjectto the foregoing, you must not:
· Establisha link from any websitethat is not owned by you.
· Cause the Website or portions of it to be displayedon, or appearto be displayedby, any other site, for example, framing, deeplinking, or in-linelinking.
· Link to any part of the Website other than the homepage.
· Otherwise take any action with respect to the materialson this Website that is inconsistentwith any other provision of these Terms of Use.
The websitefrom which you are linking, or on which you make certain content accessible, must comply in all respectswith the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causingany unauthorized framing or linkingimmediately to stop. We reserve the right to withdraw linkingpermissionwithout notice.
We may disable all or any socialmediafeatures and any links at any time without notice in our discretion.
Links from the Website
The Website may contain links to other sitesand resources provided by third parties, and these links are provided for your convenienceonly. This includeslinks containedin advertisements, including banneradvertisementsand sponsoredlinks. We have no control over the contents of thosesitesor resources, and accept no responsibility for them or for any lossor damage that may arisefrom your use of them. If you decide to access any of the third-partywebsites linkedto this Website, you do so entirelyat your own riskand subjectto the terms and conditions of use for such websites.
GeographicRestrictions
The ownerof the Website is based in the Commonwealth of Virginia in the United States. We provide this Website for use primarilyby persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with locallaws.
Disclaimer of Warranties
You understand that we cannot and do not guaranteeor warrant that filesavailablefor downloadingfrom the internet or the Website will be freeof viruses or other destructivecode. You are responsible for implementingsufficientprocedures and checkpointsto satisfyyour particular requirements for anti-virusprotectionand accuracy of datainput and output, and for maintaininga means externalto our sitefor any reconstructionof any lost data. TO THE FULLESTEXTENTPROVIDEDBY LAW, WE WILL NOT BE LIABLEFOR ANY LOSSOR DAMAGECAUSEDBY A DISTRIBUTEDDENIAL-OF-SERVICEATTACK, VIRUSES, OR OTHERTECHNOLOGICALLYHARMFULMATERIAL THAT MAY INFECTYOURCOMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHERPROPRIETARYMATERIAL DUE TO YOURUSE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINEDTHROUGHTHE WEBSITE OR TO YOURDOWNLOADINGOF ANY MATERIAL POSTEDON IT, OR ON ANY WEBSITE LINKEDTO IT.
YOURUSE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINEDTHROUGHTHE WEBSITE IS AT YOUROWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINEDTHROUGHTHE WEBSITE ARE PROVIDEDON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUTANY WARRANTIESOF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHERTHE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKESANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUTLIMITING THE FOREGOING, NEITHERTHE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINEDTHROUGHTHE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKESIT AVAILABLEARE FREE OF VIRUSESOR OTHERHARMFULCOMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINEDTHROUGHTHE WEBSITE WILL OTHERWISE MEET YOURNEEDS OR EXPECTATIONS.
TO THE FULLESTEXTENTPROVIDEDBY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIESOF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIESOF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIESTHAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLESTEXTENTPROVIDEDBY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLEFOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOURUSE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKEDTO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHERWEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSSOF REVENUE, LOSSOF PROFITS, LOSSOF BUSINESS OR ANTICIPATED SAVINGS, LOSSOF USE, LOSSOF GOODWILL, LOSSOF DATA, AND WHETHER CAUSEDBY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respectiveofficers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and againstany claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees(including reasonableattorneys’ fees) arisingout of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorizedin these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arisingtherefrom or relatedthereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordancewith the internal lawsof the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arisingout of, or relatedto, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis, although we retain the right (but have no obligation) to bring any suit, action, or proceeding againstyou for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require You to submit any disputes arisingfrom the use of these Terms of Use or the Website, including disputes arisingfrom or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a furtheror continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is heldby a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreementbetween you and Company regardingthe Website and supersede all priorand contemporaneous understandings, agreements, representations, and warranties, both writtenand oral, regardingthe Website
