These Terms of Service (“Terms”) govern all use of Neve Pick (“Company”)’s website and any related goods or services (“Website”). PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. These Terms contain a mandatory arbitration provision and limit available remedies.
1. Binding Agreement
These Terms form a legal agreement between you (“You” or “Your”) and Company regarding Your use of the Website. By using the Website, You represent and warrant that (i) You have read and understood, and agree to be bound by, these Terms, and (ii) You are at least 18 years old and legally qualified to enter into contracts. The Website does not create any agent, employee, partner, or joint venturer relationship between You and Company. IF YOU DO NOT UNDERSTAND THESE TERMS, DO NOT AGREE TO BE BOUND BY THEM, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
2. Website Content, Communications Decency Act, 47 U.S.C. § 230 (“CDA”)
3. Prohibited Uses
You represent and warrant that You will not do the following in relation to the Website: (a) violate these Terms or any applicable law or regulation; (b) transmit viruses, Trojan horses, worms, malicious code, or destructive content; (c) use a robot, spider, or other application to retrieve or index any part of the Website; (d) attempt to probe, scan, test, or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to any content; (e) infringe on any patent, trademark, copyright, or other proprietary right of another; (f) upload, post, link, store, share, or otherwise make available any text, graphics, or other content that is private, confidential, or unlawful; or (g) use the Website for any purpose that is illegal, infringing, obscene, abusive, or offensive.
4. Intellectual Property, Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”)
Company’s trademarks, copyrighted material, and the Website are the intellectual property of Company and/or its licensors. You may not copy, modify, publish, transmit, distribute, display, or sell any of Company’s propriety content, and You do not own any right, title, or interest in the same.
If You are a copyright owner and believe Website content infringes on Your copyrights, You may submit a notification pursuant to the DMCA by providing the following in writing to [email protected]:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(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 that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
(iv) Reasonably sufficient contact information, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.
You acknowledge that if You fail to comply with the above Your notice may not be valid and that any person who knowingly materially misrepresents that content is infringing may be subject to liability.
If You believe Your material was removed due to mistake or misrepresentation regarding copyright status, You may send a counter-notification by providing the following in writing to [email protected]:
(i) A physical or electronic signature of the subscriber.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that the subscriber has a good faith belief the material was removed or disabled as a result of mistake or misidentification of material to be removed or disabled.
(iv) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal court where the subscriber’s address is located and will accept service of process from the person who provided notification or an agent of such person.
Company may send a copy of the counter-notice to the original complaining party. Unless the copyright owner files an action seeking a court order against Company or You and notifies Company of such, Company will have the discretion to restore the contested content within 10 to 14 business days.
5. Privacy, Communications
You may provide personal information to Company, including through Your use of the Website. Company reserves the right to disclose Your information or content if required by law, in response to a subpoena, court order, or other valid process, or to cooperate in any investigation by law enforcement. By using the Website, You agree to receive communications regarding the Website, offers, promotions, and other related matters from Company by email, private message, SMS message, phone, and Website posts. You may opt out of any form of communication by emailing Company at [email protected].
By posting content on the Website, You represent and warrant that You own or have the right to use such content and are not violating any privacy, proprietary, or other rights of others. If You post unlawful Content, persons harmed by Your conduct may sue You and seek damages. You, and not Company, are responsible for any content that You provide on the Website and for Your conduct relating to the Website.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ON BEHALF OF ITSELF AND ITS AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE IS PROVIDED “AS IS.” OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARM, WHETHER TO YOU OR ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS AGENTS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, ANY LOSS OF PROFITS, REVENUES, DATA, OR USE, ANY CORRUPTION OR IMPAIRMENT OF DATA OR USE, ATTORNEY’S FEES, OR ANY LOSS OR DAMAGE RESULTING FROM YOUR OR ANY THIRD-PARTY CONDUCT RELATING TO THE WEBSITE, REGARDLESS OF ANY NOTICE, despite any failure of essential purpose of any limited remedy, and without regard to whether the claim relates to tort, breach of contract, or any other legal theory. You knowingly assume all risk of using the Website. Your sole remedy is to stop using the Website.
8. Choice of Law, Binding Arbitration, Injunctive Relief
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE TERMS SHALL BE INTERPRETED AND ENFORCED AS THOUGH EXECUTED IN AUSTIN, TEXAS AND SHALL BE CONSTRUED IN ACCORDANCE WITH TEXAS STATE LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. THE PARTIES HEREBY AGREE TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE WEBSITE BY BINDING ARBITRATION IN TRAVIS COUNTY, TEXAS. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION IN ARBITRATION. ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION WILL BE FINAL. IF THE ARBITRATOR FINDS THAT A COMPLAINT IS FRIVOLOUS, THE ARBITRATOR SHALL ORDER THE PARTY BRINGING THE COMPLAINT TO PAY ALL FEES AND COSTS. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN TRAVIS COUNTY, TEXAS. THIS SECTION DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN TRAVIS COUNTY, TEXAS. YOU SPECIFICALLY AGREE THAT A BREACH OF THESE TERMS WILL LEAD TO IRREPARABLE INJURY AGAINST COMPANY AND THAT COMPANY MAY THUS SEEK IMMEDIATE COURT INJUNCTIVE RELIEF.
You agree to defend, indemnify, and hold harmless Company and its agents from and against any third-party claim, action, loss, or damages arising from or in any way related to Your use of the Website, including Your interactions with other users, Your content, or Your violation of these Terms.
These Terms and all of Your rights and obligations hereunder are not assignable or transferable by You. Notwithstanding the foregoing, these Terms will be binding upon, and will inure to the benefit of, Your successors and assigns. You have no right to use the Website. Company may terminate Your use of the Website, modify or discontinue the Website, or modify these Terms for any reason at any time without notice. Company’s termination shall automatically terminate Your right to use the Website. To the fullest extent permitted by law, provisions regarding prohibited uses, intellectual property, warranties, limitations of liability, and indemnity shall survive any such termination. It is Your responsibility to review these Terms periodically. IF YOU FIND THESE TERMS OR ANY CHANGES UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Company shall have no obligation of any sort in connection with any modification or discontinuance of the Website. Company cannot waive any rights under these Terms except by a signed writing. These Terms constitute the entire agreement between You and Company concerning the Website and supersede all prior or contemporaneous understandings or agreements regarding these matters. Headings are for convenience only. If any part of these Terms is held invalid or unenforceable, the remaining parts will remain in full force and effect to the maximum extent permitted by law. Please direct any questions to [email protected].