1.) DISCLAIMER OF WARRANTIES.
GENERAL DISCLAIMER. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OR FINANCIAL OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION, INCLUDING THE CONSULTATION WITH OTHER THIRD PARTIES AND EXPERTS AS APPROPRIATE, BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
2.) MARKETING DISCLOSURE AND DISCLAIMER OF CONTENT.
The Website posts general articles about a variety of subjects, services and products. All information provided on the Website is for informational and entertainment purposes only. These articles and information have not been reviewed or approved by any government agency and are not intended to provide financial or legal advice, or to be used as a replacement for professional counsel. Some of the articles are sponsored by third party advertisers and as to those articles we receive monetary compensation from the third parties mentioned in the articles to the extent that customers click through to the advertiser’s website or complete a sale on the advertiser’s websites.
3.) LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO ACCESS TO OR USE OF OUR WEBSITE OR ANY SERVICE OR PRODUCT OBTAINED ON OR THOUGH OUR WEBSITE EVEN IF WE AND/OR PARTIES RELATED TO US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL OUR LIABILITY OR ANY OF THE PARTIES RELATED TO US EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In the event you are a resident of a state that does not allow the exclusion or the limitation of liability for consequential or incidental damages then our liability and damage assessment shall be limited to the fullest extent permitted by law.
4.) BINDING ARBITRATION AND WAIVER OF CLASS ACTION PARTICIPATION.
Except as provided below, all disputes, controversies, and claims related to this TOU (each a “Claim”), any controversy or claim arising out of or relating to the use of this Website, or to any acts or omission for which you may contend this Website is liable, including but not limited to any controversy or claim as to arbitrability (“Dispute”), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, we will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse us for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND WE WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU HAVE 30 DAYS IN WHICH TO NOTIFY US IN WRITING THAT YOU DO NOT AGREE WITH THIS SECTION 6 OR OTHERWISE WAIVE YOUR OBJECTION TO ENFORCEMENT OF THIS PROVISION BY US. The arbitration will take place in a mutually convenient location agreed to between by you and us to be determined within ten (10) days following receipt of an arbitration notice. In the absence of an agreement, the arbitration will be conducted in the county of our primary office. WAIVER OF RIGHT TO CLASS ACTION PARTICIPATION AND PRIVATE ATTORNEY GENERAL ACTIONS: YOU AGREE THAT YOU WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN ANY CLASS ACTION OR BECOME A CLASS REPRESENTATIVE FOR A CLASS ACTION. YOU FURTHER WAIVE ALL RIGHT OR AUTHORITY TO BRING AN ACTION AS A PRIVATE ATTORNEY GENERAL; AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
5.) INTELLECTUAL PROPERTY RIGHTS.
All trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. Copyright Agent and Notification of Copyright Violation. If you believe that your copyright work has been placed on our Website in a manner that constitutes copyright infringement, please forward the following information to our Copyright Agent, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), at Top 10 Lists, 1651 E 70th St. #359, Shreveport, LA 71105. Be sure to include the following required information: 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 you, 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 authorized to act on the copyright owner’s behalf.
6.) GENERAL PROVISIONS.
6.1. Governing Law; Jurisdiction. This TOU is governed by, and will be construed under, the laws of the United States of America and the law of the State of Louisiana, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. All disputes arising out of or related to your use of our Website shall be subject to the exclusive jurisdiction of the state and federal courts located within Rapides Parish, Louisiana, and you agree to submit to the personal jurisdiction and venue of such courts.
6.2. Revision and Updates to TOU. This TOU may only be modified and revised by Us. Your continued use of the Website after such posting constitutes your acceptance and agreement to the modification or revision.
6.3. Independent Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of this TOU or your use of the Service.
6.4. Assignment. We may assign this TOU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOU without our prior written consent, and any unauthorized assignment by you shall be null and void.
6.5. Severability. If any part of this TOU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the TOU shall be given full force and effect.
6.6. No Waiver. Our failure to enforce any provision of this TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right of any party to enforce each and every such provision thereafter.
6.7. Notice. All notices given by you or required under this TOU shall be in writing and addressed to: Top 10 Lists, 1651 E 70th St. #359, Shreveport, LA 71105.
6.8. Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this TOU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOU, in addition to such other remedies as we may otherwise have available to Us under applicable laws.
6.9. Entire Agreement. This TOU constitutes the entire agreement between you and Us with respect to our Website and/or Service and Products advertised thereon and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Us with respect to the Website and/or Services and/or Products advertised or purchased through our Website.
7.) THIRD PARTY LINKS AND WEBSITES ADVERTISED ON OUR WEBSITE.
Our Website contains links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Us of the applicable website or any association with the website’s operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
8.) INTERNATIONAL MARKETING DISCLAIMER.
Information pertaining to any products or services provided on the Website is intended for residents throughout the world. The Website, the posted articles and any sponsored content may contain information about products that may or may not be available in a particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products advertised on this Website have not been approved or cleared by a government regulatory body. You should not construe anything on the Website as an endorsement of any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located. We do not verify any claims made by persons who contribute to or advertised on or through our Website.