PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
We may periodically modify or supplement these Terms. If we make material changes to the Terms we will notify you via the Services (e.g., by posting a notice on the Sites or providing notice via other online channels or email) indicating that the Terms have been changed. All amended Terms become effective upon the earlier of (i) your use of the Services after such revisions have been posted and (ii) seven days after such revisions have been posted. If you do not agree with any changes to the Terms you must notify us of such disagreement and cease using the Services.
We may modify the Services from time to time, including adding or deleting content or features or disabling certain aspects of the Services.
USE OF THE SERVICES
In order to use certain portions of the Services, you may be required to register for an account, and select a password and user name (“User ID”). You must provide us with accurate, complete, and updated registration information.
You warrant that any information you provide to us, including registration information, documents, photographs, and other items, is true and accurate and that you have the authority to provide all such information in connection with the Services You may not register for the Services on behalf of another person, or select as your User ID a name that is misleading or that you do not have the right to use, or submit another person’s name and other information with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You may not share your account or password with anyone and you must protect the security of your account and your password. You are solely responsible for any activity associated with your account.
You may use the Services only for your own personal use and only in accordance with, and subject to, these Terms, including any restrictions and limitations set forth in these Terms, stated on the Sites or otherwise communicated to you via the Services.
You may not data mine, scrape, crawl, or use any robot other automatic device, script, technology or processes that send automated queries to the Sites, or use other similar methods or tools, to gather or extract Content (as defined below) from the Services. In addition, you may not use the Services to compile data (or any other portion of the Content) in a manner that is used or usable by a competitive product or service. You may not link to the Sites or any portion of the Services (including linking to a specific portion of the Services or framing Content in any way) and you may not employ script searches or search results from the Sites in a manner that results in the display of any Content on a third party website or elsewhere.
You may not modify the manner in which the Services are displayed or function, including framing, scraping or any other technique that would alter the display of the Sites or the visual display of the Services, including the Content. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Sites and proper operation and usage of the Services by any other users or third parties.
You must be at least 18 years of age in order to use the Services. If you are under 18 years of age, please do not provide us any information or use the Services. Further, we do not knowingly collect or solicit personally identifiable information from children under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [info]@claimdog.com.
LINKS TO THIRD PARTY SITES
We may make available a link to third party websites via the Services. These links will let you leave the Site or the Service. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. We provide the links to you only as a convenience. We do not endorse any such site or its use or contents.
INTELLECTUAL PROPERTY AND CONTENT
The Services, including the Sites, and the design, text, graphics, images, video, information, applications, tools, software, and other content contained therein, and the arrangement thereof, including the Claimdog company names and logos and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorships, know-how, publicity rights, trademarks, trade-dress, and trade secrets (collectively, "Content"), and all intellectual property and proprietary rights related thereto, are as between you and us the sole property of Claimdog.
All rights in Content not expressly granted in these Terms are reserved by Claimdog. All copies that you make of the Content must retain any copyright, trademark or other proprietary notice located on the Services that pertains to the Content being copied, and you agree not to remove, obscure, or alter any such proprietary notices which may be affixed to or contained therein.
Without the prior written consent of Claimdog, you shall not (i) use any Claimdog name, trademark or other branding element in any advertising, publicity or in any other commercial manner, (ii) use any meta tags or any other "hidden text" utilizing any Claimdog name or branding element, (iii) use the Claimdog domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address, or (iv) reproduce (except solely as required for you to use the Services for their intended purposes), alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Content.
ANY USE OF THE SERVICES, INCLUDING ANY RELIANCE UPON OR USE ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR SOLE RISK. THE SERVICES (INCLUDING THE SITES AND THE CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (ALL OF WHICH ARE HEREBY DISCLAIMED), EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CLAIMDOG OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS (COLLECTIVELY, “CLAIMDOG PARTIES”) BE LIABLE TO ANY USER IN CONNECTION WITH THE SERVICES FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH CLAIMDOG PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF ANY CLAIMDOG PARTY IS FOUND TO BE LIABLE TO YOU IN CONNECTION WITH THE SERVICES, SUCH PARTY’S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE USE OF THE SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNTS, IF ANY, YOU PAID TO US FOR THE SERVICE GIVING RISE TO THE LIABILITY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (II) $500.
You agree to indemnify and hold the Claimdog Parties harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, and awards, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of: (i) your breach of these Terms and any use of the Services other than as expressly permitted in these Terms; (ii) your violation of any law or your violation of the rights of a third party, including the infringement by you of any intellectual property, publicity or other proprietary or contract right of any person or entity; (iii) your use of any third party websites or information therefrom; or (iv) claims by any individuals (including Athletes, Coaches, and Associates) that you interact with in connection with your use of the Services.
The foregoing indemnity obligations will survive any termination of the Terms or your use of the Services. Claimdog may, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of Claimdog.
TERMINATION AND SUSPENSION
We may terminate these Terms, or terminate, suspend or restrict your access to the Services, in the event that you violate any of the Terms or for any other reason, with or without notice or cause. Upon termination or suspension, your right to access the Sites and use the Services will immediately cease. We may discontinue, temporarily or permanently, all or part of the Services with or without notice. If your access to the Services is suspended or terminated by us you agree that you will not attempt to access the Services by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval.
VIOLATIONS AND COMPLAINTS
Without limiting Claimdog’s rights or remedies under these Terms or at law or in equity, Claimdog may investigate complaints related to your use of the Services and alleged violations of these Terms and to take any action we deem necessary and appropriate in connection with such complaints and violations. Such action may include reporting any suspected activity that is in violation of these Terms or in violation of any law to law enforcement officials, regulators, or other third parties. In addition, we may disclose any information necessary or appropriate to such persons or entities, including personal information, relating to such complaints and violations.
You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.
You may not assign these Terms or otherwise transfer or sublicense any rights or obligations hereunder, in whole or in part; any attempt to do so shall be void. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect and remain fully enforceable. You will comply with all applicable laws, regulations ordinances and the policies of social-media services related to your use of the Services. Except as expressly stated herein, the Terms constitute the entire agreement between you and Claimdog with respect to the Services, and the Terms supersede and replace all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and Claimdog with respect to the Services or the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Claimdog. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
GOVERNING LAW AND ARBITRATION
These Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the state of California regardless of your country of origin or where you access the Services. You and Claimdog agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by you and us or as described in the paragraph below. You and Claimdog agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Claimdog shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the potential award is reasonably likely to be $10,000 or less, either you or us may elect to have the dispute resolved through binding non-appearance-based arbitration. In the event such arbitration is requested, such arbitration shall be conducted through a reputable alternative dispute resolution provider mutually agreed upon by you and us. The arbitration must be conducted in compliance with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
NOTICE AND CONTRACT
Any notices given by you under these Terms shall be given in writing or by email and shall be delivered to the following address:
1062 Folsom St
San Francisco, CA 94301
These Terms were last modified on January 21, 2016.