Home FAQ Contact Us

Website Terms of Use

Last Modified: January 2, 2023

These terms of use are entered into by and between users of our Website (“You” or “you”) and Ryan Read LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, “Terms of Use”) govern your access to and use of WWW.WHOAITSRYAN.COM, including any content, podcast, functionality, product, and services offered on or through it (all collectively referred to herein as the “Website”), whether as a guest or as a registered user.

Section 1. Acceptance of the Terms of Use

1.1 Acceptance. Please read the Terms of Use carefully before you start to use the Website. By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.whoaitsryan.com/privacy-policy, incorporated herein by reference. Please note that by becoming a paid subscriber, you are agreeing to a paid monthly subscription, the term of which are described in more detail in Section 13.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. PLEASE READ SECTION 20 CAREFULLY. IT WAIVES YOUR RIGHTS TO LITIGATE CLAIMS BEFORE A COURT OR JURY.

1.2 Eligibility. This Website is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you: (1) are of legal age to form a binding contract; (2) shall not allow persons under the age of 18 to use or access the Website; and (3) meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Section 2. Scope of Company’s Services

            Company operates the Website which provides paid access to online streaming content (the “Podcast”), consisting of discussions relating to adult and/or controversial topics, in addition to other services that may be added in the future (collectively, the “Services”). The Website allows users to have access to the Podcast through a monthly subscription. Users may subscribe to the Podcast on a monthly basis for $4.00 per month. To cancel, monthly subscribers must provide the Company with 15 days’ notice. Subscription details are stated in Section 13 below. Users shall not access Services outside of the content provided via the Podcast. The Podcast shall not be copied in any format, including screenshots, copying text, downloading, or sharing any content externally.

Section 3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Section 19 and Section 20 will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time and each time you access this Website so that you are aware of any changes, as they are binding on you.

Section 4. Accessing the Website and Account Security

4.1 Amendments to Website. We reserve the right to withdraw or amend this Website, and any Services 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 of time. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

  •  Your Responsibilities. You are responsible for both:
  • 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.

4.3. Website Access. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all 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 https://www.whoaitsryan.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

4.4 Usernames. If you choose, or are provided with, a username, 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 are strictly prohibited from sharing your access credentials with anyone, and we reserve the right to disable your access immediately if we discover you are sharing them. 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 username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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 username, 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 any provision of these Terms of Use.

Section 5. Intellectual Property Rights

5.1 Intellectual Property Rights. The Website, the Podcast, and its entire 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 the Company, exclusively, or other providers of such material by license, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Non-Commercial Use. These Terms of Use permit you to use the Website and listen to the Podcast for your personal, non-commercial use only. You shall 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:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes only.
  • If and when 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. If no such applications are provided, then downloading any of our Website content and Podcast content is strictly prohibited by these terms.
    •  Content Prohibitions. You shall 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.
  • Copy, download, distribute, or otherwise externally share the content or information provided by the Services.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

5.4 Requests. You strictly prohibiting from using or accessing, for any commercial purposes, any part of the Website, Podcast, or any Services or materials available through the Website. 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: [email protected]. 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 the Company. 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.

5.5 Breach and Remedies. 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, you will be in breach of these Terms of Use, and your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Given that no precise damages amount is calculable for your breach of these Terms of Use, any breach, including but not limited to any breach of Section 5, 6, 7, or 9 shall result in you being liable for liquidated damages in the amount of $50,000.00 per violation in addition to other rights, remedies, and damages the Company may have under these Terms or by law, including attorney’s fees, costs, and actual damages.

Section 6 Trademarks.

The Company name, the Company logo, the term Podcast, and all related names, logos, product and service names, designs, and slogans are the intellectual property of the Company and the Podcast, or their affiliates and licensors. You must not use such trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Section 7 Prohibited Uses

7.1 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 international law or regulation (including, without limitation, any laws regarding the intellectual property rights of others, or the export of data or software to and from the US 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 personally identifiable information, or otherwise.
  • To send, knowingly receive, download, copy, or re-use any of the Services.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names 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 the Company or users of the Website, or expose them to liability.
  • To injure, damage, disparage, or otherwise interfere with the Company’s (or its agents) business.
    •  Additional Prohibitions. Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site 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 monitoring or copying 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 purpose not expressly authorized in these Terms of Use, 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 that 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.
  • Otherwise attempt to interfere with the proper working of the Website.

Section 8. Monitoring and Enforcement; Termination

  •  Monitoring Rights. We have the right to:
  • Take any action, with respect to any improper use of the Services, that we deem necessary or appropriate in our sole discretion, including if we believe that such use violates the Terms of Use, 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 the Company.
  • Disclose your identity or other 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.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

8.2 Cooperation with Law Enforcement. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

8.3 No Liability. However, we do not undertake to review all 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.

Section 9 Copyright Infringement

9.1 Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to us at [email protected]. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

9.2 Failure to Comply. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

9.3 Misrepresentations. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

9.4 Repeat Infringers. It is our policy to terminate the user accounts of repeat copyright infringers, and take all other actions necessary to protect the Website, Podcast, and Services.

Section 10. Reliance on Information Provided and Disclaimer of Liability

10.1 Informational Purposes. The information presented on or through the Website is made available solely for general information and entertainment purposes only. 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.

10.2 End Product Quality. This Website and the Podcast provide information and advice regarding cannabis cultivation. We are not responsible, or liable to you or any third party, for the quality of end product you produce. By using the Services and information offered via our Website and the Podcast, you acknowledge that you are solely responsible for any actions you take. Following any information that you acquire from your subscription does not guarantee a specific end product or quality of that product. By agreeing to these Terms of Use and using the Services, you acknowledge that we are not responsible for any dissatisfaction you may have with the quality of your end product.

10.3 Third Party Content. This Website includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Section 11. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. 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.

Section 12. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy https://www.whoaitsryan.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Section 13. Online Purchases of Services and Other Terms and Conditions

13.1 Terms of Sale. By subscribing to the Podcast through either a monthly or yearly subscription via the Website, you accept and are bound by the terms of these Terms of Use. You should also carefully review our Privacy Policy https://www.whoaitsryan.com/privacy-policy before placing an order for Services through this Website. You may not order or obtain Services from this Website if you: (a) do not agree to these Terms of Use, (b) are not the older of 18 years or older or the legal age required to form a binding contract with Company, or (c) are prohibited from using this Website’s contents or Services by applicable law.

13.2 Prices and Payment Terms.

  • All prices posted on this Website are subject to change without notice. The price charged for Services will be the price in effect at the time of subscription and will be set out in your confirmation email. Price increases will only apply to subscriptions bought after such changes. Posted prices do not include any applicable taxes. All such taxes and charges will be added to your subscription total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any subscriptions arising from such errors. WE DO NOT OFFER REFUNDS AND NONE WILL BE PROVIDED. Additionally, in the event you file a charge back or contest a charge, without any basis, you agree to pay our legal fees and costs for contesting said charge back or charge.
  • Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
  • Monthly Subscription. A monthly subscription to the Podcast provides access to the Services for a full month, beginning on the day of purchase. Monthly subscriptions will automatically renew unless cancelled. You must notify our customer support team no later than fifteen (15) days before the start of your next billing period, and the cancellation will take effect the next month. If you do not cancel at least fifteen (15) days before the start of your next billing period, your credit or debit card or other payment card will be charged applicable Subscription fees for the following month. Please note that our office hours are M-F 8:00 AM–5:00 PM PST. You may contact us to cancel by emailing our support team at: [email protected]
  1. We may use a third-party payment vendor to process your payment of subscription fees. You warrant and represent that you are the valid owner or authorized user, of the credit or debit card or other payment card to such third-party payment vendor, and that all information you provide is accurate. By subscribing, you authorize the Company to charge your credit or debit card or other payment card at the start of the subscription, and each month, until cancelled according to the terms. You acknowledge that you are responsible for all applicable government fees and taxes for any car you purchased or sell through the Website.

13.3 What can you do in case of a dispute relating to our Services? The informal dispute resolution procedure detailed in Sections 19 and 20 is mandatory in the event of a dispute, and it is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms of Use.

Section 14. Links from the Website

If the Website contains links to other sites 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 sites or resources, and we 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.

Section 15. Geographic Restrictions

The Company is an Arizona business. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You also acknowledge that you are solely responsible for following any state or country laws applicable to your region. Cannabis cultivation may not be legal in some geographic areas, and we are not liable if you do not follow the applicable laws of your region. We do not provide any legal recommendations within the Website, and you acknowledge that any action you take with respect to the information you acquire from our Website or the Podcast is done solely at your own risk. We do not condone or authorize illegal activity, and we are not liable for any issues that you may encounter if you refuse to abide by applicable laws in your geographic region. You alone are responsible for educating yourself on the laws applicable to your region and for undertaking any risks associated with such activity you choose to take.

Section 16. Disclaimer of Warranties

  •  The Website. You understand that we cannot and do not guarantee or warrant that Services available on 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.
  •  YOUR USE AND RELIANCE ON THE WEBSITE, PODCAST, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE 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.
  •  NO GUARANTEES. COMPANY DOES NOT REPRESENT OR WARRANT TO USERS THAT THE CONTENT WILL RESULT IN ANY SPECIFIC RESULTS. THE PODCAST IS STRICTLY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES RELATING ANY INFORMATION ON ITS WEBSITE OR PODCAST. ALL USERS ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL, OR MONITOR ANY ACTIONS YOU TAKE AFTER ACQUIRING INFORMATION FROM THE WEBSITE AND THE PODCAST. ALL USERS ACKNOWLEDGE THAT COMPANY HEREBY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR USING THE WEBSITE AND PODCAST, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. COMPANY ADVISES ALL USERS TO INVESTIGATE APPLICABLE LAWS PRIOR TO TAKING ANY ACTION.
  •  TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
  •  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Section 17. Limitation on Liability

17.1 Limitation on Liability Regarding Use of the Website. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, THE PODCAST, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17.2 Limitation on Liability regarding Services. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED THROUGH THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Section 18. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, Services, or products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Section 19. Governing Law

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Section 20. Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT WAIVES YOUR RIGHTS TO LITIGATE CLAIMS BEFORE A COURT OR JURY.

20.1 Preliminary Dispute Resolution. Most claims, disputes, and controversies arising from or relating in any way to your purchase Services through the Website, can be resolved quickly and amicably by contacting Company customer support at [email protected].  But we understand that sometimes disputes cannot be easily resolved by customer support. If this is the case, as part of the best efforts process to resolve these claims, disputes, and controversies arising from or relating in any way to your purchase of goods or services through the Website and prior to initiating arbitration proceedings, You agree to provide notice of the claims, disputes, or controversies to Company, including a description of the dispute, what efforts have been made to resolve it, and what You are requesting as resolution, to [email protected]. Company will have 30 days to resolve the dispute raised.

20.2 Arbitration Procedure. After You have exhausted the process outlined in this Section 20, any remaining dispute arising out of, or related to, these Terms of Use or the Website (whether in contract, tort, or otherwise) between You and Us, including disputes about the arbitrability of this Agreement, will be both governed by the Federal Arbitration Act and submitted to, and decided by, final binding arbitration in Maricopa County, Arizona. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and enforceability of this arbitration provision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The parties may be represented by any attorney of their choosing at their own expense. In the event the Company is in need to immediate injunctive relief, the Company may file for immediate injunctive relief in any court or in arbitration, as the Company may choose in its discretion.

20.3 Forum. Both injunctive relief in aid of arbitration and a judgment on an arbitration award may be entered only by an Arizona state court or a federal court located in Arizona. Further, nothing herein shall limit the Company’s ability to seek immediate injunctive relief for any actual or threatened breach of this Agreement, and without the requirement of posting bond. Such claims for relief maybe brought in conjunction with other claims for relief and shall not be deemed a breach of the alternative dispute resolution process described in this Agreement.

20.4 No Class Actions. By voluntarily accepting these Terms of Use, you and Company are agreeing that the parties can only bring a claim against each other on an individual basis.

20.5 WAIVER OF RIGHTS TO COURT OF LAW. EACH PARTY WAIVES ANY RIGHT IT HAS TO HAVE ANY DISPUTE BETWEEN THEM RESOLVED IN A COURT OF LAW BY A JUDGE OR JURY.

20.6 Severability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Section 21. 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.

Section 22. California Users

            California users of the Services may have additional rights under California Civil Code Section 1789.3. California users may follow the steps described in Section 20 to resolve any complaints or disputes. California users may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Section 23 Waiver and Severability

23.1 Waiver. No waiver by the Company of any term or condition set out 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

23.2 Severability. 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.

Section 24. Headings

The headings and subheadings used in this Agreement are for the convenience of the Parties only and shall not be interpreted to enlarge, contract, or alter the terms and provisions of this Agreement.

Section 25. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Section 26. Notices

26.1 To You. We may provide any notice to you under these Terms of Use by: (a) sending a message to the email address you provided at the time or registering or (b) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

26.2 To Us. To give us notice under these Terms, you must contact us as follows: (a) by email at [email protected]. We may update the email for notices to us by posting a notice on the Site. Notices provided by personal delivery or email will be effective immediately.

Section 27. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. The Company may assign this agreement without notice.

Section 28. Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Section 29. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Section 30. Your Comments and Concerns

This Website is operated by the Company. All content is owned by the Company.

All notices of copyright infringement claims and any other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].