Last modified: March 8, 2018
Use of Our Services
Children Under the Age of 13
Links to Third-Party Sites
Copyright Infringement/DMCA Notice
If you believe that any content on our Site or Service violates your copyright, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)
(“DMCA Takedown Notice”) must be provided to our designated Copyright Agent.
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Disclaimer of Warranties and Limitation of Liability
The information, software, products, and services contained on this Site may be out of date or include omissions, inaccuracies or other errors. Except where expressly provided otherwise in an agreement between you and Remediant, all information, software, products, and services are provided “as is” without warranty of any kind. Remediant hereby disclaims all warranties with respect to this information, software, products, and services, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose. In no event shall Remediant be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in action in contract or tort, arising from your access to, or use of, this website or any other hyperlinked site. All comments, feedback, information, or materials submitted to us by you through or in association with this Website shall be considered non-confidential and our property. By submitting comments, feedback, information, or materials to Remediant, you agree to a free assignment to Remediant of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Remediant shall be free to use such comments, feedback, information, or materials on an unrestricted basis. Remediant reserves the right to make changes or updates to this website or the products or programs described in this website at any time without notice.
YOU FURTHER EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REMEDIANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REMEDIANT DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE REMEDIANT SITE; ITS SERVERS; OR E-MAIL SENT FROM REMEDIANT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REMEDIANT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE REMEDIANT SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE REMEDIANT SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law, Arbitration, and Jurisdiction
All matters relating to your access to, or use of, this Site shall be governed by U.S. federal law or the laws of the State of California. Any dispute, claim or controversy arising out of or relating to these Terms and Conditions, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined by arbitration in the State of California before one arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. THE PARTIES AGREE THAT THEY ARE WAIVING THEIR RIGHT TO PARTICIPATE IN CLASS ACTION. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You may not access, download, use, or export the information, software, products or services contained on this website in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.
In the event any provisions of these Terms are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of these Terms.