Miron Crosby™ TERMS OF SERVICE
- ACCEPTANCE OF TERMS
Welcome to the Miron Crosby™ website, an online storefront for the innovative Miron Crosby™ store in Dallas, Texas and our unique apparel products. The following Terms of Service (“Terms”) are a legal agreement between Crosby Boot Holdings, LLC. (also referred to as “We” or “Us”) and you or your third party designee (collectively “You” or “Yourself”) related to the websites owned and controlled by Us, including the https://mironcrosby.com/ website and each subdomain of https://mironcrosby.com/, or a mobile version thereof (together, the “Site”).
We reserve the right to update and change these Terms from time to time. We may not explicitly notify You of changes and as such, We encourage You to review these Terms from time to time as it is your responsibility to regularly check this page to determine if there have been changes to these Terms and to review such changes. Your continued use of the Service or the Site after any such change constitutes your acceptance of the new Terms.
BINDING ARBITRATION. These Terms provide that all disputes between You and Us that in any way relate to these Terms or your use of the Site or Service will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Agreement to Arbitrate for the details regarding your agreement to arbitrate any disputes with Us.
- NO USERS UNDER 13 YEARS OLD
In order to access the Site, You represent and warrant that You are older than 13 years old. If You are under the age of 13, please do not attempt to register with Us at this Site or provide any personal information about Yourself to Us. If We learn that We have collected personal information from someone under the age of 13, We will promptly delete that information. If You believe We have collected personal information from someone under the age of 13, please contact Us at firstname.lastname@example.org.
- DESCRIPTION OF SERVICE
The Service and Site is web-based and You may choose to interact with the Site and to interact purchase goods and services, communicate with our staff, and perform other functions, if provided on the Service and Site. You acknowledge and agree that the form and nature of the Site and the Services which We provide may change from time to time without prior notice to You. Unless explicitly stated otherwise, any new feature that augments or enhances the current Site and Service, including the release of new tools and resources, shall be subject to these Terms.
You agree that We may for any reason, in our sole discretion and without liability to You, refuse to accept a transaction and also may cancel a transaction, delist a product and/or cancel the Site or the Service at any time.
Accuracy and Integrity of Information; Colors
Although We attempt to ensure the integrity and accuracy of the Site, We makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and or the Content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, We shall have no responsibility or liability for information or Content posted to the Site from any third party not affiliated with Us.
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors You see will depend on your monitor or other device, We cannot guarantee that your device’s display of any color will be accurate.
Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, We shall have the right to refuse or cancel any orders placed for product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method charged. If your payment method card has already been charged for the purchase and your order is canceled, We shall promptly issue a credit to your original payment method in the amount of the incorrect price.
Order Acceptance and Shipment
Your placement of an order does not necessarily ensure that We will accept your order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, You will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified through our credit and fraud avoidance practices. We may also require additional verifications or information before accepting any order. We will contact You if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method has been charged, We will issue a credit to You in the amount of the charge to your original form of payment.
Risk of Loss
All products purchased from the Site are delivered to shipment carriers. The risk of loss and title for such products pass to You when they are delivered to the carrier.
You may return Products in accordance with our Returns Policy posted on the Site.
Quantity Limits and Dealer Sales
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification if such limits are applied. Please note that certain orders constitute improper use of our products and services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. We also reserve the right, at our sole discretion, to prohibit sales to dealers, wholesalers, or other customers who intend to resell items offered on our Site.
- RIGHT OF REFUSAL
You agree that We, in our sole discretion, for any reason, and without liability to You, may refuse to accept a request for purchase, or may refuse access to the Site and the Service (or any portion thereof). We also may cancel or terminate your access if You or your account is, as determined by Us in our sole discretion, in association with violations of Terms, illegal, inappropriate or objectionable activities, including, but not be limited to: infringement of an intellectual property right of another; attempting to reverse engineer software; violation of, or activities designed to violate, another’s privacy or right or publicity; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass Us and/or third parties; activities prohibited by the laws of the United States and/or foreign territories in which You or We conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, inappropriate, racist, or otherwise objectionable; and activities designed to harm or use unethically minors or any other person in any way. In the event We refuse a registration, access, or transaction or cancel a transaction due to objectionable activities, We reserve the right to refuse to issue a refund.
You agree that any termination of your access to the Site or Service under any provision of these Terms may be effected without prior notice, and You acknowledge and agree that We may immediately deactivate or delete your access, as applicable, and all related information and files. We reserve the right to bar any further access to such files or the Service or the Site. You agree that We shall not be liable to You or any third-party for any termination of your access to the Service or the Site.
You must provide Us with true, accurate, current and complete information about Yourself as prompted by the Site’s order form, which may request information such as, but not limited to, valid names, your address, telephone number, and any e-mail address, and a valid credit card number or other method of payment. You may be permitted choose a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) ensure that You exit from your account (if any) at the end of each session, and (b) immediately notify Us in writing of any unauthorized use of your password or account or any other breach of security. The information You provide may be shared with our third-party payment processors to complete the transaction and improve our business. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
In consideration of use of the Site or the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Site’s order form, and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your use of the Site and the Service and refuse any and all current or future use of the Site and the Service (or any portion thereof).
- SITE ACCESS, SECURITY, AND RESTRICTIONS
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or Content on the Site, bypass our robot exclusion headers, or bypass other measures We may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You can purchase products and services on the Site. We accept credit and debit cards issued by U.S. banks. You agree that the payment method You submit may be used automatically by Us or our payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, We may obtain preapproval for an amount up to the amount of the payment. You agree to allow Us to securely store your payment method. If You want to designate a different payment method or if there is a change in your payment method, You must change your information online. This may temporarily delay your ability to make online payments while We verify your new payment information.
You represent and warrant that if You are making online payments that (i) any credit card, debit card and bank account information You supply is true, correct and complete, (ii) charges incurred by You will be honored by your credit/debit card company or bank, (iii) You will pay the charges incurred by You in the amounts posted, including any applicable taxes, and (iv) You are the person in whose name the card was issued and You are authorized to complete transactions with the relevant credit or debit card and credit or debit card information. If We are unable to secure funds from the payment method You provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by You when submitting electronic payment, We may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that You will not dispute the charges from Us with the payment method company, provided the transactions correspond to the terms indicated in these Terms.
Failure to timely pay for your purchases, including invalid credit card information, expired credit card information, or any credit card that will not accept payment may result in cancelation of your order. Further, You agree that You will provide Us with updated credit card or other payment information upon our request so that We can complete your order, if You have a balance due for a good or product that has already been shipped.
You shall be responsible for payment of any taxes, levies, or duties that You owe on your purchases, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your purchases and payments made by You herein.
- INTERNATIONAL USE
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data and regulated materials via the Internet exported from the United States or the country in which You reside. You agree to indemnify and hold harmless Us and our affiliates for any and all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
- COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY
The goods sold on the site may be the subject of one or more pending U.S. and/or international patent applications and as such, the products may be “patent pending.” The Site is also subject to copyright protection. Our name, the terms MC CASA, MIRON CROSBY, MIRON CROSBY CASA, the M CASA, MIRON CROSBY, AND MIRON CROSBY CASA logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Us or our affiliates or licensors. You agree to not use trademarks or any mark which is confusingly similar to our trademarks to provide any goods or services. Further, should You use these trademarks to describe our services, You must use them as shown above or on the Site and properly denote them as trademarks with a “TM” or “®” symbol as indicated by Us and indicate that the trademarks are owned by or licensed to Crosby Boot Holdings, LLC, or in the case of third-party trademarks, their respective owners. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Us without our express written consent.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. We have no control over and do not monitor such sites and resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. It is up to You to take precautions to ensure that whatever You select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If You decide to access any of the third party websites linked to this Site, You do this entirely at your own risk.
You agree to indemnify and hold Miron Crosby, LLC, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of or access to the Site by You or anyone using your ID and password, any transactions You enter through the Site or the Service, any information You provide to Us or through the Site or the Service, your violation of the Terms, or your violation of applicable law or any rights of another. You are responsible for your actions when using the Site and the Service, including, but not limited to, costs incurred for Internet access.
- PROPRIETARY RIGHTS
You acknowledge and agree that the Service, Site and associated software are the property of Us or our licensors or suppliers, as applicable. The contents of the Site, including all files, documents, text, audio, video, photographs, and images, and any materials contained therein or generated thereby, and accompanying data (together referred to as "Content") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that We or our licensor holds all rights, title and interest in all Content and all intellectual property, including other rights related to intangible property, unless otherwise indicated.
You acknowledge that no title or interest in such intellectual property rights is being transferred to You and You agree to make no claim of interest in any such Content. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Us or our advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, in whole or in part.
No portion of the Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the our prior written permission. Provided that You are eligible for use of the Site, You are granted a limited license to access and use the Site and the Content and to download or print a copy of any portion of the Content to which You have properly gained access solely for your personal, non-commercial use, provided that You keep all copyright or other proprietary notices intact. You may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. Such license is subject to these Terms and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Content other than as specifically authorized herein, without the prior written permission of us, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING THE SITE AND/OR ANY CONTENT, DATA, INFORMATION, LINKS, SERVICES, FUNCTIONALITY OR ACCESSIBILITY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY FOR USING THE SITE, SITE-RELATED SERVICES, THE INFORMATION ON THE SITE, AND LINKED WEBSITES, AND YOU UNDERSTAND AND AGREE THAT WE, OUR AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE RESULTING FROM SUCH USE BY YOU OR ANY OTHER USER.
(b) WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION OR PRODUCTS, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
(e) YOU UNDERSTAND THAT THE PRODUCTS SOLD VIA THE SITE ARE SOLD AS-IS AND YOU, AND NOT US, ARE RESPONSIBLE FOR ANY HARM THAT MAY OCCUR, SUCH AS THAT WHICH MAY OCCUR DUE TO USE OF THE PRODUCTS. APPAREL ITEMS SOLD VIA THE SITE, INCLUDING, BOOTS (IF ANY) ARE NOT FOR USE AS PROTECTIVE CLOTHING, FOR INSTANCE, AS PROTECTIVE FOOTWEAR. YOU UNDERSTAND THAT YOU, AND NOT US, ARE RESPONSIBLE FOR ANY HARM THAT MAY OCCUR, SUCH AS THAT WHICH MAY OCCUR DUE TO ANY OTHER ACTIVITIES RELATED TO YOUR USE OF ANY PRODUCTS SOLD VIA THE SITE. YOU UNDERSTAND AND AGREE THAT THE RISKS AND RESPONSIBILITIES INVOLVED YOUR ACTIVITIES, INCLUDING YOUR COMPLIANCE WITH YOUR LOCAL LAWS IS SOLELY YOUR RESPONSIBILITY, AND NOT OURS. THE PRODUCTS SOLD VIA THIS SITE ARE SOLD FOR LAWFUL USES ONLY AND ARE ONLY TO BE IN ACCORDANCE WITH YOUR LOCAL LAWS. WE DO NOT WARRANT THAT THE PRODUCTS ARE SUITABLE FOR ANY SPECIFIC PURPOSE. YOU AGREE THAT IN CONSIDERATION FOR YOUR PRIVILEGE TO PURCHASE OUR PRODUCTS, WE ARE NOT RESPONSIBLE FOR ANY DEFECTS OR WEAR RELATED TO THE PRODUCTS OR THEIR USES, OR HARM THAT MAY OCCUR. YOU AGREE TO INSPECT THE PRODUCT AND VERIFY THAT IT IS IN GOOD CONDITION FOR YOUR INTENDED USE BEFORE EACH USE.
We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier and is not responsible for maintaining information arising from use of the Site. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site in accordance with our internal record retention or destruction policies.
- LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND ANY THIRD PARTIES MENTIONED ON THIS SITE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, WARRANTEE, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, CONTENT, OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY AND ALL CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, AND (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION; AGREEMENT TO ARBITRATE
We will try work in good faith to resolve any issue You have with the Site and Services, including products and services ordered, purchased, or received through the Site, if You bring that issue to the attention of our customer service department. However, We realize that there may be rare cases where We may not be able to resolve an issue to a customer's satisfaction.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both We and You agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
- CONSENT TO RECEIVE CALLS AND TEXT MESSAGES
Notices to You may be made via email, regular mail or an internal notification mechanism. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Service. The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between You and Us and govern your use of the Service, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Terms). You also may be subject to additional Terms and conditions that may apply when You use affiliate or other services provided by Us, third-party content or third-party software. If any provision of the Terms or incorporated document is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
The Site is made available at our sole discretion. You agree that We may, in our sole discretion and without liability to You remove, modify, suspend, discontinue, and discard, either permanently or temporarily, any content within the Service or any functionality or feature of the Site, without notice. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier and are not responsible for maintaining information arising from use of the Site. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site in accordance with our internal record retention or destruction policies.