Agreement between user and Snapathon
Welcome to Snapathon. The Snapathon.com website and corresponding smartphone application (together, "Snapathon") are comprised of various web pages and a mobile application operated by Snapathon, LLC (“Company” or “The Company”). Snapathon is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Snapathon constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to be bound by all of these Terms, do not access or use Snapathon.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SNAPATHON WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Sending emails to the Company or interacting with Snapathon constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or via Snapathon, satisfy any legal requirement that such communications be in writing.
If you use Snapathon, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone, tablet or other electronic device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third-party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit Content (defined below) at its sole discretion.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Snapathon prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Snapathon upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy
The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Snapathon only with permission of a parent or guardian.
Graphics, logos, page headers, button icons, and scripts included in or made available through Snapathon are the trade dress of Snapathon in the U.S. and other countries. Snapathon’s service marks are denoted by the ™ symbol (or by the ® if federally registered). Snapathon's trademarks and trade dress may not be used in connection with any product or service that is not the property of Snapathon, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Snapathon. All other trademarks not owned by Snapathon that appear in any Snapathon website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Snapathon.
By creating, posting, uploading, inputting, providing or submitting data, text, files, information, images, photos, video clips and other content or materials (collectively “Content”) to or by means of Snapathon, you are granting Snapathon, our affiliated companies and necessary sublicensees permission to use your Content in connection with the operation of their businesses including, without limitation, the rights to: sell, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content. You warrant and represent that you own or otherwise control all of the rights to your Content as described in this section including, without limitation, all the rights necessary for your Content.
Snapathon is under no obligation pay compensation with respect to the use of your Content. The Company is under no obligation to post or use any Content you may provide and may remove any Content at any time in Snapathon's sole discretion.
All Content included in or made available through Snapathon is the property of Snapathon or its content suppliers and protected by United States and international copyright laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
The copyright on Content within Snapathon, as well as all industrial property rights, publishing rights, and utilization rights remain exclusively with Snapathon.
License and access
Subject to your compliance with these Terms and your payment of any applicable fees, Snapathon or its content providers grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and make personal and non-commercial use of Snapathon and its Content. Your purchase of Content does not involve the explicit or implicit cessation of any Snapathon rights to the Content. This license does not include any resale or commercial use of any Snapathon product or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any Snapathon product or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Snapathon or its licensors, suppliers, publishers, rights holders, or other content providers. No Snapathon product or Content, nor any part of Snapathon, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Snapathon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Snapathon without express written consent. You may not use any meta tags or any other "hidden text" utilizing Snapathon's name or trademarks without the express written consent of Snapathon. You warrant to the Company that you will not use Snapathon for any purpose that is unlawful or prohibited by these Terms. You may not use Snapathon in any manner that could damage, disable, overburden, or impair Snapathon or interfere with any other party's use and enjoyment of Snapathon. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Snapathon. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on Snapathon. The licenses granted by Snapathon terminate if you do not comply with these Terms.
You may not submit inappropriate, profane, defamatory, obscene, indecent, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive Content via Snapathon. You are solely responsible for your conduct and any Content that you submit, post or display on or via Snapathon.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via Snapathon, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, phone numbers or email addresses.
You agree that Snapathon is not responsible for, and does not endorse, Content posted within Snapathon. Snapathon does not have any obligation to prescreen, monitor, edit, or remove any Content. However, the Company reserves the right to review Content and to remove any Content in its sole discretion. The Company reserves the right to terminate your access to any or all of Snapathon at any time without notice for any reason whatsoever. If your Content violates these Terms, you may bear legal responsibility for that Content.
The purchaser is aware of the fact that due to the diversity of electronic display devices it is impossible to present previews of the media files absolutely true to the original. Electronic media file previews can only convey an approximate impression of the original file. The original media files may in some cases differ significantly from the previews in terms of sharpness, richness of detail, contrast, and color. The reduced size, the inevitable screening, and the limitation to a web-compatible grey and color scale can change the impression of sharpness. Furthermore features such as the granularity of the image cannot be depicted in the file previews.
Due to the nature of our business, we suggest all customers look over all media files carefully before purchasing because our products are non-refundable. If we have made an error, we will be happy to provide you with a refund. Email your refund requests to firstname.lastname@example.org. Please include the words “Refund Request” in the subject line of your email. We want satisfied customers.
Links to third-party sites and services
Snapathon may contain links to other websites and applications ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
Third-party sites and organizations may deliver certain services made available via Snapathon. By using any product, service or functionality originating from Snapathon, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of Snapathon users and customers.
Use of communication services
Snapathon may contain features, functionality, bulletin board services, blogs, chat areas, news groups, forums, communities, personal pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, media, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Snapathon's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Snapathon.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
You will be able to connect your Snapathon account to third-party accounts. By connecting your Snapathon account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Snapathon is controlled, operated and administered by the Company from our offices within the USA. If you access Snapathon from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Snapathon Content accessed through Snapathon in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
The information provided within Snapathon is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Snapathon to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of Snapathon or any portion of Snapathon, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Content, program, product, service or other feature that Snapathon provides.
Software related to or made available by Snapathon may be subject to United States export controls. Thus, no software from Snapathon may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to Snapathon, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING, WITHOUT LIMITATION, SNAPATHON CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "SNAPATHON PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SNAPATHON CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SNAPATHON OR VIA THE SERVICE. IN ADDITION, THE SNAPATHON PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE SNAPATHON PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SNAPATHON PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SNAPATHON PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SNAPATHON PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE SNAPATHON PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE SNAPATHON PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE SNAPATHON CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SNAPATHON PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SNAPATHON PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SNAPATHON PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SNAPATHON PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SNAPATHON’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SNAPATHON PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SNAPATHON PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU UNDERSTAND, AND HEREBY EXPRESSLY WAIVE ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
SNAPATHON IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on Snapathon) agree to defend (at Snapathon's request), indemnify and hold the Snapathon Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on Snapathon or those conducted on your behalf): (i) your Content or your access to or use of Snapathon ; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Snapathon in the defense of any claim. Snapathon reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Snapathon.
Except if you opt-out or for disputes relating to your or Snapathon's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all disputes between you and Snapathon (whether or not such dispute involves a third party) with regard to your relationship with Snapathon, including without limitation disputes related to these Terms, your use of Snapathon, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Snapathon hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Snapathon will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Snapathon is a party to the proceeding. The Federal Arbitration Act will govern this dispute resolution provision. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Snapathon or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Snapathon can require the other to participate in an arbitration proceeding. To opt out, you must notify Snapathon in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Snapathon, LLC ATTN: Arbitration Opt-out 141 Wellesley Crescent Suite 304, Redwood City, California 94062
You must include your name and residence address, the email address you use for your Snapathon account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Snapathon.
Time limitation on claims
You agree that any claim you may have arising out of or related to your relationship with Snapathon must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing law & venue
These Snapathon are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Snapathon, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Snapathon exclusively in a state or federal court located in Redwood City, California, and to submit to the personal jurisdiction of the courts located in San Mateo County for the purpose of litigating all such disputes.
If any provision of these Snapathon is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Snapathon and will not affect the validity and enforceability of any remaining provisions. Snapathon's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Snapathon reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Snapathon.
The Company reserves the right, in its sole discretion, to terminate your access to Snapathon and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and as a result of this agreement or use of Snapathon. Snapathon's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Snapathon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Snapathon or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to Snapathon and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to Snapathon. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Violation of these Terms may, in Snapathon's sole discretion, result in termination of your Snapathon account. You understand and agree that Snapathon cannot and will not be responsible for the Content posted on Snapathon and you use Snapathon at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Snapathon, we can stop providing all or part of Snapathon to you.
If you are using Snapathon on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and Snapathon and governs your use of Snapathon, superseding any prior agreements between you and Snapathon. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Snapathon. Any purported assignment or delegation by you without the appropriate prior written consent of Snapathon will be null and void. Snapathon may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which Snapathon is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
The Company welcomes your questions or comments regarding the Terms:
14358 N Frank Lloyd Wright Blvd #15
Scottsdale, AZ 85260
The effective date of these Snapathon is March 28, 2015. These Snapathon were written in English (US). To the extent any translated version of these Snapathon conflicts with the English version, the English version controls.