15Be, Inc. Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Acceptance of these Terms of Use
Welcome to 15be.com (the “Website”) owned and operated by 15Be, Inc. (“15Be Inc.”, “15Be”, “we”, or “us”). In addition to 15be.com, the term “Website” shall also include any other Websites, web pages, mobile applications and mobile Websites operated by 15Be. These terms and conditions (together with any documents referred to in them, collectively these “Terms of Use”) apply to you (“you” or “your” or “yours”) and your use of the Website including, without limitation, any content, functionality or services offered on or through the Website, whether as a guest or as a registered user.
By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (available at 15be.com/privacy-policy/) which is incorporated as a part of these Terms of Use by this reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not use and immediately exit the Website.
It is important to note that we may transfer data internationally. For users in the European Union, please be aware that we transfer Personal Information outside of the European Union. By using our Website and providing us with your Personal Information, you consent to these transfers in accordance with our Privacy Policy and these Terms of Use.
Changes and Updates
Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. However, we may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. All changes to these Terms of Use are effective immediately when posted by us. Your continued use of the Website following the posting of any revised Terms of Use means that you accept and agree to all such changes. These Terms of Use may not be modified, amended or changed by you in any manner.
Accessing the Website and Account Security
By using this Website, you represent and warrant that you are of legal age to form a binding contract with 15Be.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other Personal Information. It is a condition of your use of the Website that all the Personal Information you provide on the Website is correct, current, and complete.
You agree that all Personal Information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your Personal Information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other Personal Information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated or failed to comply with any provision of these Terms of Use.
Intellectual Property Rights
The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by 15Be, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
store copies of such materials temporarily in RAM;
store files that are automatically cached by your Web browser for display enhancement purposes;
print a reasonable number of pages of the Website for your personal, non-commercial use and not for further reproduction, publication or distribution;
if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
if we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
modify copies of any materials from this Website;
use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website;
reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website, or use of the Website or any services or materials available through the Website;
modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website;
use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, data mining techniques or other automated devices or programs) to catalog, download or otherwise reproduce, store or distribute content available on the Website;
delete or revise any material on the Website;
take any action to interfere with, or disrupt, the Website, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions; and
decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by 15Be.
Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: kcavanaugh@15be.com.
Trademarks
The 15Be, FreeYourself, FreeYour.world names, logos and all related names, logos, product and service names, designs and slogans are trademarks of 15Be or its affiliates or licensors. You must not use such marks without our prior written permission in each instance. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Website:
in any way that violates any applicable federal, state, local or other law or regulation including, without limitation, any laws regarding the export of data or software to and from the United States or other countries;
for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personal Information or otherwise;
to send, knowingly, download, use or re-use any material which does not comply with these Terms of Use;
to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
to impersonate or attempt to impersonate 15Be or any 15Be employee, another user, or person or entity including, without limitation, the use of e-mail addresses associated with any of the foregoing;
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm 15Be or users of the Website or expose them to liability;
use the Website for any fraudulent or unlawful purpose; and
use the communication systems provided by or contacts made on the Website for any commercial solicitation purposes.
Additionally, you agree not to:
use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website;
use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of the Website;
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
solicits funds or that advertise or solicit goods or services;
make or share any stock touts;
advertise or recruit for an available job position or to solicit an individual for an available job position; and
otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
You must register in accordance with instructions that you will find on the Website in order to use or contribute to any Interactive Services and you must comply with the Content Standards set forth in these Terms and Conditions. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
all of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not 15Be, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
15Be is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
remove or refuse to post any User Contributions for any or no reason in our sole discretion;
take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for 15Be;
disclose your identity or other Personal Information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
We do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other Personal Information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS 15BE, INC. AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 15BE, INC. AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER 15BE, INC. OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Content Standards
This is a professional Website, so please act professionally. These “Content Standards” apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy;
be likely to deceive any person;
promote any illegal activity, or advocate, promote, or assist any unlawful act;
cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
impersonate any person or misrepresent your identity or affiliation with any person or organization;
involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and
give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Personal Information About You and Your Visits to the Website
All Personal Information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your Personal Information in compliance with the Privacy Policy.
Registration
If you access the Website anonymously, you may do so as a visitor and will not be required to provide Personal Information. However, in order to access certain services on the Website, purchase services, or download certain content, you will be required to provide specific Personal Information. All Personal Information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Screen names or IDs may not be offensive, deceptive or violate any other party’s rights. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. All Personal Information that you submit during the registration process, or otherwise during your use of the Website, will only be used in accordance with our Privacy Policy.
We may, at our discretion, suspend or terminate the registration of any user who violates any of these terms and conditions of use or for any other behavior that we in our discretion believe is inappropriate.
Copyright & Compensation
You warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party.
You are not entitled to any compensation for any materials you post on the Website.
Subject to Review
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of 15Be.
We are not responsible or liable to you or any third party for the content or accuracy of any materials provided on the Website. Users remain solely responsible for the content of their messages. We retain the right, but not the obligation, to reject, modify or remove messages that we consider unacceptable or that violate these Terms of Use or our other policies.
15Be’s Limited Liability
We are not responsible for material appearing on the Website; except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason including, but not limited to, those prohibited contributions described above. We retain, however, the right to reject, modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable or that violate our policies, these Terms and Conditions or any other agreements between the user and us. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages, postings, resumes or other material.
We do not assume any obligation to remove any messages, postings, resumes or other material and disclaim any liability for failing to take such action.
Please remember that there are risks in dealing with others that you come into contact with during your use of the Website, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Website.
Because user authentication on the internet is difficult, we cannot and do not confirm that each user of the Website is who they claim to be. We do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Website. In the event that you have a dispute with one or more users, you release 15Be (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE WEBSITE, ITS CONTENTS AND MATERIALS AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT ANY SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL 15BE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
15BE’s MAXIMUM LIABILITY FOR ANY DAMAGES, DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF MATERIALS ON THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $200.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Parental Permission
The Website is not directed to children under the age of 18 and we will not knowingly collect Personal Information from children under 18.
Links
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Permission must be granted by us for any other type of link to the Website. To seek our permission, you may write to 15Be, Inc., 1070-1 Tunnel Road, Ste., 10 #206, Asheville, NC 28805. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Website, at our discretion at any time.
This Website may provide certain social media features that enable you to:
link from your own or certain third-party websites to certain content on this Website;
send e-mails or other communications with certain content, or links to certain content, on this Website; and
cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
You must not:
establish a link from any website that is not owned by you;
cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website;
link to any part of the Website other than the homepage; and
otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
These Terms of Use apply only to the Website, and not to the websites of any other companies or organizations, including those to which the Website may link. However, the website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
We are not responsible for the availability of any other website to which the Website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or webmaster.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
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 us to locate the material;
information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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; and
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 that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
15Be, Inc.
c/o Clingen Callow & McLean, LLC
2300 Cabot Drive, Suite 500
Lisle, Illinois 60532
Indemnification
You agree to defend, indemnify and hold harmless 15Be, its affiliates, licensors, service providers and each of their respective officers, directors, members, managers, employees, contractors, attorneys and other agents and their respective successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs, fees and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to your violation or breach of these Terms of Use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Geographic Restrictions
We control and operate this Website from our offices in the State of Illinois, United States of America. We provide this Website for use only by persons located in the United States. We do not represent that materials on the Website are appropriate or available for use or are assessable in any other locations. Access to the Website may not be legal by certain persons or in certain countries. Persons who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
All matters relating to the Website or these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to any principles of conflicts of law.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States District Court for the Northern District of Illinois, or the courts of the State of Illinois located in the County of Cook, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such.
Waiver and Severability
No waiver of by 15Be of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of 15Be to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto.