Introduction
These Terms of Use (“Terms”) apply to and govern your use of http://www.myownspotlight.com online software, services, and mobile applications that we provide (the “Website” or the “Site”)., Throughout the Site, the terms “the Company,” “we,” “us,” and “our” refer to Myownspotlight, LLC (“MOS”). MOS offers this Website, including all information, tools, and services available from this Site, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Please read these Terms carefully before using or accessing the Website. By creating an account or otherwise using this Site you expressly agree to these Terms of Use and any of the related policies or guidelines, including any subsequent changes or modifications to them. If you do not agree to these Terms or any changes, do not access or otherwise continue to use this Site.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ABRITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Revisions
MOS reserves the right to change, suspend and/or discontinue, at any time, any aspect or feature of our Site, including without limitation the content, hours of availability and equipment needed for access or use. We also reserve the right to change or modify any of the Terms applicable to your use of our Site, or any part thereof, or to impose new conditions at any time. All such changes will take effect immediately after they have been posted on our Site, and you will be deemed to have accepted any such changes by your use of the Site following such time. Therefore, we encourage you to regularly review the Terms.
Privacy Policy
All users of the Site must review our Privacy Policy prior to use. By using the Site, you indicate that you have reviewed and understand the information outlined in the Privacy Policy.
Children’s Privacy
Our Service does not address anyone under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we discover that a Children under 13 has provided us with Personal Information, we will delete such information from our servers immediately.
Registration
You may be asked to create an account on or through our Site to participate in or receive various services offered by MOS. The availability of these services may vary, and, in the future, we may add other services that may be accessed through the Site. While your use of the Site is subject to the Terms, other services offered by MOS may be subject to additional terms of use.
When you register, you would be required to create a username and password. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities that occur under your username and password, whether authorized by you or not. You agree to immediately notify MOS of any unauthorized use of your username and password. You further agree not to adopt an inappropriate username of any kind.
When you register, and in order to access some services and/or features on or through our Site, you may be required to provide us with personal information, such as your name, email address, mailing address, phone number and the like. Any personal information provided by you or gathered by MOS or third parties during any visit to our Site will be subject to the terms of our Privacy Policy.
By registering on our Site, you agree to provide accurate and current information about yourself as prompted by the registration pages and to main and promptly update your information to keep it accurate and current.
Use of Our Services
MOS provides a platform for athletes, parents, youth coaches, team coaches, and college coaches to communicate, build relationships, showcase talents, and attain athletic success.
You agree that while using the Site you will not:
- Use the Site in any way that may lead to the encouragement, procurement, or carrying out of any illegal or criminal activity;
- Use the Site to violate any applicable law;
- Use the Site or any information obtained from the Site for any purpose other than your personal and non-commercial use;
- Sell or transfer any information obtained from our Site to a third party;
- Obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
- Penetrate or attempt to penetrate the security measures protecting our Site, including without limitation by hacking, password mining, or any other illegitimate means;
- Probe, scan, or test the vulnerability or security of the Site;
- Frame or use framing techniques to enclose any portion of our Site;
- Intentionally disrupt the operation or functionality of our Site;
- Interfere with others’ use and enjoyment of the Site;
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass other users of the Site or engage in activity in connection with the Site that is fraudulent, abusive, defamatory, illegal, or otherwise inappropriate.
You further agree that you will not use the Site to:
- Impersonate another person, whether actual or fictitious, including without limitation impersonating any MOS employees or consultants;
- Threaten, stalk, harm, or harass other users of the Site; engage in activity in connection with the Site that is fraudulent, abusive, defamatory, illegal, obscene, tortious, libelous, invasive of another’s privacy or otherwise inappropriate. You will not encourage conduct that would be considered a criminal offense, give rise to civil unrest, violate any law, or is otherwise inappropriate;
- Transmit viruses, “Trojan horses,” chain letters, junk mail, spam, or bulk communications of any kind;
- Post, disseminate, submit, transmit, host, share, and/or publish advertisements or solicitations of business;
- Post, disseminate, submit, transmit, host, share, and/or publish material that is protected by copyright, trade secret, patent, trademark, and/or other proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights, or you have written permission from the rightful owner of such rights, and you grant us a license, consent, and release with respect to such material as provided in the Terms.
Cancelling Your Account
While we hope that you enjoy using the Site, you may cancel your account at any time through the means provided on the Site.
System and Network Security
You are prohibited from violating the security of any system or network comprising the Site. Such violations may result in criminal and civil liabilities. Examples of system or network security violations including, without limitation, the following:
- Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures;
- Unauthorized monitoring of data or traffic on the Site;
- Interference with the Site including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks;
- Forging any packet header, e-mail heading or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers;
- Using manual or electronic means to avoid any use or access limitations placed on this Site.
Termination of Your Use of Our Services
MOS reserves the right to suspend, restrict, and/or terminate your access to our Site at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, MOS reserves the right to terminate your account if your user materials are the subject to multiple DMCA notifications and/or you are deemed to be a repeat infringer.
Engaging in prohibited uses is grounds for immediate termination of your access to the Site, and may also subject you to civil or criminal penalties.
Your Submissions to Our Site
Our Site may allow you to post, disseminate, submit, transmit, host, share, and/or publish various materials and information, including without limitation, videos, photographs, biographical information and other materials (collectively “User Materials”). You are solely responsible for your User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing, and/or publishing such User Materials on and/or to our Site.
By using our Site and posting, disseminating, submitting, transmitting, hosting, sharing, and/or publishing such User Materials on and/or to our Site, you represent and warrant that you own the entire right, title, and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent and release herein) and that such User Materials: (i) are original and have not been copied in whole or in part from any other work; and (ii) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.
You hereby grant to MOS and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of the foregoing (collectively, “MOS Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode such User Materials, in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the internet, and in publications and advertisements. You further hereby irrevocably consent and allow the MOS Parties to use and share the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s), and/or image(s) of, as well as any statement(s) made by or attributed to, all identifiable individuals(s) depicted and/or described in such User Materials (collectively “Names and Likenesses”). You also hereby irrevocably waive as against the MOS Parties all moral rights and rights of restraint in such User Materials.
You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify the MOS Parties from any and all claims, liabilities, demands, actions, suits, causes of action and damages including costs, expenses, and attorneys’ fees, that you, or any third party, shall or may have arising out of or in connection with the use of such User Materials and/or Names and Likenesses as provided herein. The license, consent, and release herein are binding upon you and your heirs, executors, administrators, successors, licensees, and assigns.
You acknowledge that MOS reserves the right to display advertisements in connection with such User Materials, to display such User Materials with similar materials from other users and to use such User Materials for marketing, promotional and advertising purposes. You further acknowledge that MOS has the right, in our sole discretion, to prescreen, pre-approve, refuse and/or remove from our Site, without prior notice, any User Materials, including without limitation User Materials that violate the Terms.
If you have any comments or questions regarding content or materials on the Site, please contact MOS using the contact information found at the end of the Terms. If you believe in good faith that any content or materials on the Site violate your copyright, please contact us as provided in the following section.
Copyright Infringement and the Digital Millennium Copyright Act
MOS respects the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on our Site, including without limitation User Materials, in according with the Digital Millennium Copyright Act (“DMCA”).
The DMCA provides a process for copyright owners to give notification to online service providers concerning alleged copyright infringement. When MOS receives a valid DMCA notification, we respond by removing (or disabling access to) the allegedly infringing content or materials. After removing such content or materials, MOS will take reasonable steps to contact the owner of the removed content or materials so that a DMCA counter notification may be submitted. After receiving a valid counter notification, MOS will generally restore the allegedly infringing content or materials, unless we receive further notice from the copyright owner that a legal action has been filed seeking a court order to restrain the alleged copyright infringer from engaging in the allegedly infringing activity.
If you are a copyright owner, or an agent of a copyright owner, and you believe that any content or materials on our Site, including without limitation User Materials, violate your copyright, you may submit a notification pursuant to the DMCA by providing our DMCA officer with the following information in writing (please see 17 U.S.C. §512(c)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit MOS to locate the material; (iv) information reasonably sufficient to permit MOS to contact you, such as an address, telephone number, and if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (vi) a statement under penalty of perjury that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
MOS designated officer to receive notifications of claimed copyright infringement under the DMCA is:
Myownspotlight, LLC
ATTN: Antwan Davis (DMCA Notice)
10810 Boyette Rd #931 Riverview, FL 33569-8000
Email: Info@myownspotlight.com
For the purposes of clarification, only notices pursuant to the DMCA should be directed to MOS’ DMCA Officer. All other questions or concerns regarding the Site or the Terms should be directed to MOS as set forth at the end of the Terms.
If you believe that your User Materials have been improperly removed because they are not infringing, because you have authorization from the actual copyright owner or the owner’s agent and/or because you have the right to use the User Materials under applicable law, you may send a written counter notification to MOS’ DMCA Officer with the following information (please see 17 U.S.C. §512(g)(3) for further detail): (i) your physical address or electronic signature; (ii) identification of the User Materials that have been removed or to which access have been disabled and the location(s) at which the User Materials appeared before such User Materials were removed or disabled; (iii) a statement under penalty of perjury that you have a good faith belief that such User Materials were removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, telephone number and, if available, email address; and, (v) a statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which your address is located or, if you address is outside of the United States, to the jurisdiction of the U.S. District Court for the District of Delaware, and that you will accept service of process from the party that provided notification to MOS of the alleged infringement.
If MOS’ DMCA Officer received a valid counter notification pursuant to the DMCA, we may send a copy of such counter notification to the original complaining party and we may inform such party that we may replace the removed or disabled content in ten (10) business days. Unless MOS DMCA Officer receives further notice from the original complaining party that it has filed an action seeking a court order to restrain the allegedly infringing activity, we may replace or re-enable access to the allegedly infringing content or materials not less than ten (10), or more than fourteen (14), business days after receipt of the valid counter notification.
Intellectual Property
All text, graphics, photographs, videos, user interfaces, trademarks, logos, service marks, taglines, animations, sounds, and music contained on, or comprising, the Site, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression, and “look and feel” of the Site, and the software comprising and/or embodying the foregoing (collectively, the “Content”), are registered, unregistered, or otherwise protected intellectual property of MOS or licensed from third parties for use by MOS. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content on the Site without the owner’s prior written permission. Any unauthorized use of the Site will terminate the permission or license granted by MOS to you under the Terms and may violate applicable law, including but not limited to copyright laws, trademark laws including trade dress, and communications regulations and statutes.
MOS grants you a limited license to make personal use of the Site, to access and review the Materials for your informational purposes only. The license does not include the right to: (a) use the Site or Materials for any purpose other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site, including any images found on the Site or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute any third party Materials, including reproduction or hosting the Materials on any computer network of broadcast or publications media; (d) make derivative uses of the Site or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots, or similar data gathering extraction methods.
You agree that all data and algorithms used in connection with providing the Site to you are trade secrets as defined by applicable law. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in the Site.
Links to Other Websites
Our Site may provide links to other websites or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to you and, unless otherwise explicitly stated, should not be construed as an endorsement by MOS of the content, product or services on such websites or resources. You access and use such websites or resources, including the content, products or services thereon, solely at your own risk. We make no representations or warranties with respect to the content, ownership, or legality of any such linked websites, and you agree that MOS has no responsibility or liability for the availability of such websites or resources, or for the content, advertising, products, services or other materials available through such websites or resources.
Third Party Advertising on Our Site
Unless otherwise explicitly stated, MOS does not endorse or guarantee any third party products or services advertised on our Site or any third parties sponsoring parts of our Site. Your dealings with advertisers or other third parties found on or through our Site are solely the responsibility of you and the third party. These dealings include without limitation your participation in promotions, the payment for and delivery of products and services, if any, and any terms, conditions, warranties or representations associated with such dealings. You agree that MOS will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our Site.
Liability for Technical Disruptions to the Site
If you cause a technical disruption of the Site or disrupt any aspect of its functionality, you agree to be responsible for any and all loss, costs, liabilities or expenses MOS may suffer and you agree to be liable for any attorneys’ fees and cost arising from and/or related to the same. The foregoing shall be without limitation to our other rights in law or equity.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, AND ALL MATERIALS, INFORMATION INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SITE, AND PRODUCTS INCLUDED THEREIN ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER AND THEREFORE MOS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF INTELLCTUAL PROPERTY OR PROPRIETARY RIGHTS.
MOS DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION, CONTENT, OR MATERIALS ON THE SITE, THE FUNCTIONALITY OF THE SITE, OR THE AVAILABILITY OF THE SITE. MOS CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOS, OR FROM OR THROUGH THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. MOS MAKES NO SUCH WARRANTY. MOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE INFORMATION, MATERIALS, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. MOS DOES NOT WARRANT THAT THE FUNCTIONS AND FEATURES MADE AVAILABLE THROUGH THE SITE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MOS EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR THE CONDUCT OF ANY OTHER USER, AND EXPRESSLY DISCLAIMS THAT USER MATERIALS INPUTTED BY OTHER USERS ARE EITHER CORRECT OR ACCURATE. MOS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER USERS OF THE SITE. UNDER NO CIRCUMSTANCES WILL MOS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE, WHETHER ONLINE OR OFFLINE. MOS TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS THAT ARE POSTED THROUGH THE SITE, NOR DOES IT TAKE RESPONSIBILITY FOR THE GOODS OR WEBSITES PROVIDED BY ITS ADVERTISERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. MOS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. MOS IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY DEVICES BELONGING TO ANY USER OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE SITE, VIEWEING, OR DOWNLOADING ANY USER MATERIALS ON OR FROM THE SITE, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SITE.
MOS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR USER COMMUNICATIONS. UNDER NO CIRCUMSTANCES WILL MOS, ITS OWNERS, OFFICERS, MANAGERS, OTHER USERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, USER DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE, WHETHER OR NOT MOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SUCH LIMITATIONS OF LIABILITY SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM THE SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE, INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES, AND (B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, UNDER NO CIRCUMSTANCE SHALL MOS BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING TWENTY-FIVE DOLLARS ($25) OR THE MINIMUM AMOUNT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION.
Warranty of Sufficient Physical Fitness
You represent and warrant that you are in sufficiently good physical condition to engage in the strenuous physical activity required of your sport, or to engage in any of the activities promoted, discussed, tracked, or otherwise involving the Site. You further represent and warrant that you have consulted with a qualified physician who has determined that you are in sufficient physical form to engage in the strenuous physical activity involved with playing competitive sports. In no event shall we or any individual or company involved with us be liable for any personal injury you suffer in any way connected with your use of the Site. IF YOU ARE NOT IN SUFFICIENT PHYSICAL CONDITION TO ENEGAGE IN THE STRENUOUS PHYSICAL ACTIVITY INVOLVED WITH PLAYING COMPETITIVE SPORTS OR IN UNDERTAKING THE ACTIVITIES ASSOCIATED WITH THE SITE, YOU SHOULD NOT ENGAGED IN THE ACTIVITIES CONNECTED WITH THE SITE.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site, except as required by law. You agree that it is your responsibility to monitor changes to our Site.
Applicable Law
The Terms shall be governed by and construed under the law of the State of Delaware, without regard to conflicts of laws rules. You agree that the courts of Delaware shall have the exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in Delaware.
ARBITRATION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.
With respect to any and all disputes arising out of or in connection with the Site, the various services offered by MOS, or these Terms including without limitation the Privacy Policy, MOS and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and MOS do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate, or participate in litigation as a party or class member, all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor MOS will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Any arbitration necessary under this section will be held through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as judgment in a court of competent jurisdiction. You agree that MOS may seek any interim or preliminary relief from a court of competent jurisdiction in Delaware necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed.
Indemnification
You agree to compensate, indemnify, defend, and hold harmless MOS, our affiliates, officers, directors, employees, agents, business partners, distributors, licensors and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim action, investigation, demand, or proceeding arising in connection with your use of the Site or any violation of the Terms.
Severance
Each provision of these Terms shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
No Waiver
The failure of MOS to enforce any provision of these Terms or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
How to Contact Us
Should you have any questions or concerns about these Terms, please contact use at info@myownspotlight.com