Terms and Conditions of Use
Last updated: October 27, 2019
This is a Contract
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH CAN BE FOUND HERE. PLEASE CAREFULLY REVIEW THIS LANGUAGE. WE DO NOT SPAM OR SELL, RENT OR OTHERWISE TRANSFER YOUR INFORMATION TO ANY THIRD PARTY.
Some Important Vocabulary
Since these Terms are a binding legal contract, clarity is important. You’ll notice that we capitalize certain words in these Terms and Conditions even when the rules of grammar don’t require capitalization. We do this because in the context of these Terms and Conditions, such capitalized words have specific meanings, which can be found where they are first used, as indicated by bold text. Some additional words have special meanings whenever you see them in these Terms as follows: the words “you” and “your” refer to each individual user accessing and using our Service. The words “we”, “us” and “our” refer to Gadsden13 Media Inc., acting on behalf of itself and, where applicable, its affiliates and third-party licensors. When we talk about our or the “Service”, we mean our website found at www.gadsden13.com and such others as we may make available from time to time as well as the products or services offered thereon and any mobile or other apps we’ve created and distributed to let our customers and followers view our site or otherwise interact with our Content. The capitalized word “Content” means the text, images, graphics, logos, audio, video, and other information and materials we make available on or from our Service, which may include information from third parties. When we use the word “including” we mean it in what is known as an “exemplary manner” such that it encompasses “including, without limitation” or “including, but not limited to.” When we use the word “will” or “shall”, we mean that performance of that particular condition is required. When we use the word “may”, we mean there is not an obligation to perform but rather a right to choose to perform.
You Have Both Rights and Obligations
You may access and view our Content and use the features of our Service on your computer or mobile device solely for your personal, non-commercial use. You also may print out and make copies of the Content in connection with that personal, non-commercial use. You may not make use of the Service or any Content for any commercial purpose whatsoever unless you have received our express written permission in advance. You acknowledge that if you make any such prohibited use, it will be a breach of these Terms allowing us to pursue certain remedies under the laws governing contracts. Breach of certain obligations under these Terms and Conditions also may be a violation of other applicable laws such as intellectual property laws. We will not be responsible or liable for any loss or damage you might suffer from failure to comply with these Terms and Conditions.
Among your other obligations, you are required to make sure you don’t use the Service, Content, and the various features and functions offered on or through the Service, for, or in connection with:
- reverse engineering, making machine code human readable, or creating derivative works or improvements;
- scraping, crawling, downloading, screen-grabbing, or otherwise copying and/or transmitting them in any way we haven’t specifically permitted;
- commercially exploiting or providing them to third parties;
- introducing, transmitting, or storing viruses or other malicious code;
- interfering with their security or operation;
- framing or mirroring them;
- creating, benchmarking, or gathering intelligence for a competitive offering;
- removing, modifying, or obscuring proprietary rights notices on them;
- defaming or harassing anyone;
- infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship;
- intercepting or expropriating data; and/or
- spamming, spoofing, or otherwise misrepresenting transmission sources.
Content; Availability, Errors and Inaccuracies
Content may have a variety of origins, including information generated and provided by us and third parties. We cannot promise that the Content is or will be:
- accurate or complete;
- current (or that it will be updated);
- error free (either technically or with respect to typographical errors); and/or
- free from interruptions, computer viruses, or other harmful components.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. Products or services may be mispriced, described inaccurately, or unavailable on the Service. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
You may make use of the Content under the rights described here, but under no circumstances will we be liable for any loss or damage caused by such use and/or your reliance on the Content. It is, therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other elements of the Content.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Contests, Sweepstakes and Promotions
Some features of the Service require that you register and create an account (an “Account”). When you create an Account with us, you guarantee that you are over the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account, your use of the Service and/or the Content. As part of the registration process, you may be issued credentials, usually in the form of a unique username and password (the “Account Credentials”). You are responsible for maintaining the strict confidentiality of your Account Credentials, including but not limited to the restriction of access to your device and/or Account.
Your commitment to maintaining the strict confidentiality of your Account Credentials is a material condition of your access and use of the Service and Content. You agree to accept responsibility for any and all activities or actions that occur under your Account Credentials, whether your password is with our Service or a third-party service. You must not allow others to use your Account Credentials and you agree to notify us immediately if you have reason to believe that someone is using your Account Credentials without your permission or upon becoming aware of any breach of security or unauthorized use of your Account. Except to the extent required by law, we will not be liable for any losses arising out of the unauthorized use of your Account Credentials, either with or without your knowledge.
You may not use as a username:
- the name of another person or entity or that is not lawfully available for use;
- a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization; and/or
- any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate your Account, remove or edit Content, or cancel a Purchase in our sole discretion.
Trademarks and Other Intellectual Property Rights
This section applies to everyone who interacts with our social media presence. You are therefore viewing this page because you either linked from the social media features on our Service (“Internal Social Media Features”) or from comment sections, feeds, and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“External Social Media Presence”).
If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below.
Submitted Materials; User Generated Content
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Restomods Media Inc. Links to such sites or services are provided for your convenience and information only.
You acknowledge and agree that Restomods Media Inc. 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 your use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Links To Our Service
In general, we do not object to links to our Service from third-party sites including social media. If you link to our Service, we: (a) reserve the right to object to and delete (or require deletion of) such link at any time, for any reason; and (b) require that you abide by the following rules:
- you may not present the link to our Service in any manner that suggests we have any relationship or affiliation with your site or endorse, sponsor, or recommend the information, products, services, or content on your site unless we expressly agree to your doing so in writing;
- we reserve the right to object to any link which uses Trademarks; and
- your link to our Service may not in-line, frame, or otherwise incorporate Content unless we grant its express permission in writing.
Links from obscene, scandalous, profane, defamatory, or unlawful sources, or any site that may adversely affect our name, reputation, or goodwill and our products and services are prohibited. In addition, the use of Trademarks or other words or codes identifying us or our products and services in any “metatag” or other information used by search engines or other information location tools is strictly prohibited unless we grant express permission in writing.
Term and Termination
These Terms and Conditions apply to all users of the Service at all times until we supersede and replace them. We may at any time terminate, change, suspend, add to, or discontinue any aspect of the Service itself, or your right to use it, including your Account and any Content, immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, ownership provisions, warranty disclaimers, disputes, indemnity and limitations of liability.
THE SERVICE, ITS CONTENT, YOUR PURCHASE, YOUR ACCOUNT AND ANY OTHER INFORMATION, FEATURES AND FUNCTIONS, OR SERVICES ON THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESTOMODS MEDIA INC., ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, AND REPRESENTATIVES (THE “RMI PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY INCLUDING, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICE, THE CONTENT, AND YOUR ACCOUNT.
Limitation Of Liability
THE RMI PARTIES HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, PROFITS, USE, GOODWILL OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE SERVICE, THEIR CONTENT, FEATURES AND FUNCTIONS, YOUR PURCHAE, YOUR ACCOUNT OR ANY SERVICES THAT YOU ACCESS THROUGH THEM. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE RMI PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE RMI PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SERVICE, THE CONTENT, OR THESE TERMS EXCEED FIFTY US DOLLARS (US $50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold harmless the RMI Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorney’s fees), resulting or arising in any way from your use and access of the Service, the Content, your Purchase, your Account, or your breach of applicable laws or these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
IF EITHER PARTY WANTS TO BRING A CLAIM OR CAUSE OF ACTION AGAINST THE OTHER PARTY UNDER THESE TERMS, OR IF ANY DISPUTE ARISES BETWEEN THE PARTIES AS A RESULT OF THESE TERMS OR YOUR USE OF OUR SERVICE, THE CONTENT, YOUR PURCHASE, OR YOUR ACCOUNT, EACH PARTY AGREES TO USE ARBITRATION AS THE SOLE AND EXCLUSIVE MEANS TO BRING SUCH A CLAIM OR CAUSE OF ACTION OR TO RESOLVE SUCH A DISPUTE. YOU UNDERSTAND THAT BY AGREEING TO THE FOREGOING AND THE MORE SPECIFIC TERMS BELOW, EACH OF YOU AND RESTOMODS MEDIA INC. ARE GIVING UP THEIR RIGHT TO FORM OR BE A PART OF A CLASS ACTION OR OTHER REPRESENTATIVE LAWSUIT. YOU ARE NOT, HOWEVER, WAIVING YOUR ABILITY TO RECOVER DAMAGES. ALTHOUGH ARBITRATION PROCEDURES ARE DIFFERENT FROM COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THAT AWARD MAY BE ENTERED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.
As such, both parties specifically agree that:
Except for small claims court cases or a claim by us related to intellectual property infringement, all claims, causes of actions and disputes (collectively, “Disputes”) that cannot be resolved by the parties after a good faith effort at negotiation shall be submitted for arbitration administered by the American Arbitration Association (“AAA“). The AAA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to these Terms, unless you are an individual and use the products and services for personal or household use, in which case the AAA will apply the Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules, and fee information from the AAA website (www.adr.org).
The party seeking to commence arbitration must first notify the other party in writing at least 30 days in advance of initiating the arbitration. Notice to us should be sent to [Gadsden13.com, Attn: Legal Department, 2170 Regina Ave. Lincoln Park, MI 48146]. We will provide notice to your email address(es) and street address(es), if any, associated with your Account at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought.
All aspects of the arbitration including the result shall be treated as confidential and shall not be disclosed unless required by legal, audit, or regulatory requirements. The amount of any settlement offer made by either of us prior to arbitration cannot be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings are subject to the U.S. Federal Arbitration Act and hereby declared to be self-executing, and it shall not be necessary to petition a court to compel arbitration. The award of the arbitrators shall be binding and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. Unless the parties agree otherwise, the arbitration will occur in U.S. English and take place in Wayne County, MI. Unless the parties agree otherwise, payment of any fees will be decided by the applicable AAA rules.
Notwithstanding the foregoing, nothing in these Terms shall require us to arbitrate a Dispute if we are pursuing a claim related to intellectual property infringement and you agree that venue is proper and personal jurisdiction exists over you in the state or federal court located in San Diego, California for this and any related claim.
Class Action Waiver.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (COLLECTIVELY, THE “CLASS ACTION WAIVER”).
Further, unless both the parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If for any reason the Class Action Waiver set forth above cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. For the avoidance of doubt, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
United States; Governing Law
We control and operate the Service from within the United States of America (the “U.S.”). Although we do not actively block or monitor visitors from other countries, the Service is directed only at visitors from the U.S. who are age 18 or older. As such, your use of the Service and Content, and the enforcement of these Terms, are governed and construed exclusively in accordance with the laws of the State of California and the federal laws of the U.S. enforced within that state, without regard to principles of conflicts of laws.
The English language version of these Terms is the controlling version regardless of any translation you may attempt. We can’t promise that the Service or any Content are appropriate or lawful for use in other locations outside of the U.S. or that our operation (including our processing and handling of submissions you may make) will comply with non-U.S. law. Users who choose to access the Service or any Content from outside the U.S. or, per the Submitted Materials Section, submit materials from outside the U.S. and/or as non-U.S. citizens, do so of their own initiative, and are responsible for compliance with all applicable local, state, national, and international laws and treaties.
No matter where you use the Service or Content from, you also must comply with all laws applicable to such use, including U.S. export control laws that prohibit access from certain embargoed, prohibited, or restricted countries or access by prohibited, denied, and specially designated persons.
If the U.S. government (including the Department of Defense) wants to access the Service, your Account, or our Content through you, the Service and Content will be considered “commercial computer software”, “commercial computer software documentation” and “restricted data” under “Limited Rights” and “Restricted Rights” and only as commercial end items under the same rights granted to other general users.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
However, whether or not we provide, or you see, such notice, by continuing to access or use our Service after any revisions become effective, you have accepted and agree to be bound by the revised Terms and Conditions. If you do not agree to the new Terms and Conditions, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at email@example.com