The Website Name website located at 1wayreview.blogspot.com is
a copyrighted work belonging to {{ N1 Way Review }}. Certain features of
the Site may be subject to additional guidelines, terms, or rules, which
will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These
Terms of Use described the legally binding terms and conditions that
oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING
COMPLIANT THAT THESE TERMS and you represent that you have the authority
and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS
OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF
THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These
terms require the use of arbitration Section 10.2 on an individual
basis to resolve disputes and also limit the remedies available to you
in the event of a dispute.
Accounts
Account Creation. For
you to use the Site, you have to start an account and provide
information about yourself. You warrant that: (a) all required
registration information you submit is truthful, up-to-date and
accurate; (b) you will maintain the accuracy of such information. You
may delete your Account at any time by following the instructions on the
Site. Company may suspend or terminate your Account in accordance with
Section.
Account Responsibilities. You
are responsible for maintaining the confidentiality of your Account
login information and are fully responsible for all activities that
occur under your Account. You approve to immediately notify the Company
of any unauthorized use, or suspected unauthorized use of your Account.
Company cannot and will not be liable for any loss or damage arising
from your failure to comply with the above requirements.
Access to the Site
Subject to these Terms. Company
grants you a non-transferable, non-exclusive, revocable, limited
license to access the Site solely for your own personal, noncommercial
use.
Certain Restrictions. The
rights approved to you in these Terms are subject to the following
restrictions: (a) you shall not sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit the Site; (b) you
shall not change, make derivative works of, disassemble, reverse compile
or reverse engineer any part of the Site; (c) you shall not access the
Site in order to build a similar or competitive website; and (d) except
as expressly stated herein, no part of the Site may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means unless otherwise indicated, any
future release, update, or other addition to functionality of the Site
shall be subject to these Terms. All copyright and other proprietary
notices on the Site must be retained on all copies thereof.
Company
reserves the right to change, suspend, or cease the Site with or
without notice to you. You approved that Company will not be held
liable to you or any third-party for any change, interruption, or
termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.
Excluding
any User Content that you may provide, you are aware that all the
intellectual property rights, including copyrights, patents, trademarks,
and trade secrets, in the Site and its content are owned by Company or
Company's suppliers. Note that these Terms and access to the Site do not
give you any rights, title or interest in or to any intellectual
property rights, except for the limited access rights expressed in
Section 2.1. Company and its suppliers reserve all rights not granted in
these Terms.
User Content
User Content. “User
Content” means any and all information and content that a user submits
to the Site. You are exclusively responsible for your User Content. You
bear all risks associated with use of your User Content. You hereby
certify that your User Content does not violate our Acceptable Use
Policy. You may not represent or imply to others that your User Content
is in any way provided, sponsored or endorsed by Company. Because you
alone are responsible for your User Content, you may expose yourself to
liability. Company is not obliged to backup any User Content that you
post; also, your User Content may be deleted at any time without prior
notice to you. You are solely responsible for making your own backup
copies of your User Content if you desire.
You
hereby grant to Company an irreversible, nonexclusive, royalty-free and
fully paid, worldwide license to reproduce, distribute, publicly
display and perform, prepare derivative works of, incorporate into other
works, and otherwise use and exploit your User Content, and to grant
sublicenses of the foregoing rights, solely for the purposes of
including your User Content in the Site. You hereby irreversibly waive
any claims and assertions of moral rights or attribution with respect to
your User Content.
Acceptable Use Policy. The
following terms constitute our “Acceptable Use Policy”: You agree not
to use the Site to collect, upload, transmit, display, or distribute any
User Content (i) that violates any third-party right or any
intellectual property or proprietary right; (ii) that is unlawful,
harassing, abusive, tortious, threatening, harmful, invasive of
another's privacy, vulgar, defamatory, false, intentionally misleading,
trade libelous, pornographic, obscene, patently offensive, promotes
racism, bigotry, hatred, or physical harm of any kind against any group
or individual; (iii) that is harmful to minors in any way; or (iv) that
is in violation of any law, regulation, or obligations or restrictions
imposed by any third party.
In
addition, you agree not to: (i) upload, transmit, or distribute to or
through the Site any software intended to damage or alter a computer
system or data; (ii) send through the Site unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of duplicative or unsolicited
messages; (iii) use the Site to harvest, collect, gather or assemble
information or data regarding other users without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or
networks connected to the Site, or violate the regulations, policies or
procedures of such networks; (v) attempt to gain unauthorized access to
the Site, whether through password mining or any other means; (vi)
harass or interfere with any other user's use and enjoyment of the Site;
or (vi) use software or automated agents or scripts to produce multiple
accounts on the Site, or to generate automated searches, requests, or
queries to the Site.
We
reserve the right to review any User Content, and to investigate and/or
take appropriate action against you in our sole discretion if you
violate the Acceptable Use Policy or any other provision of these Terms
or otherwise create liability for us or any other person. Such action
may include removing or modifying your User Content, terminating your
Account in accordance with Section 8, and/or reporting you to law
enforcement authorities.
If
you provide Company with any feedback or suggestions regarding the
Site, you hereby assign to Company all rights in such Feedback and agree
that Company shall have the right to use and fully exploit such
Feedback and related information in any manner it believes appropriate.
Company will treat any Feedback you provide to Company as
non-confidential and non-proprietary.
You
agree to indemnify and hold Company and its officers, employees, and
agents harmless, including costs and attorneys' fees, from any claim or
demand made by any third-party due to or arising out of (a) your use of
the Site, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Company
reserves the right to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate with our defense of these claims. You agree not to settle any
matter without the prior written consent of Company. Company will use
reasonable efforts to notify you of any such claim, action or proceeding
upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The
Site may contain links to third-party websites and services, and/or
display advertisements for third-parties. Such Third-Party Links &
Ads are not under the control of Company, and Company is not responsible
for any Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not
review, approve, monitor, endorse, warrant, or make any representations
with respect to Third-Party Links & Ads. You use all Third-Party
Links & Ads at your own risk, and should apply a suitable level of
caution and discretion in doing so. When you click on any of the
Third-Party Links & Ads, the applicable third party's terms and
policies apply, including the third party's privacy and data gathering
practices.
Other Users. Each
Site user is solely responsible for any and all of its own User
Content. Because we do not control User Content, you acknowledge and
agree that we are not responsible for any User Content, whether provided
by you or by others. You agree that Company will not be responsible
for any loss or damage incurred as the result of any such interactions.
If there is a dispute between you and any Site user, we are under no
obligation to become involved.
You
hereby release and forever discharge the Company and our officers,
employees, agents, successors, and assigns from, and hereby waive and
relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of
action of every kind and nature, that has arisen or arises directly or
indirectly out of, or that relates directly or indirectly to, the Site.
If you are a California resident, you hereby waive California civil code
section 1542 in connection with the foregoing, which states: “a general
release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his
or her settlement with the debtor.”
Cookies and Web Beacons. Like any other website, Website Name uses
‘cookies'. These cookies are used to store information including
visitors' preferences, and the pages on the website that the visitor
accessed or visited. The information is used to optimize the users'
experience by customizing our web page content based on visitors'
browser type and/or other information.
Google DoubleClick DART Cookie. Google
is one of a third-party vendor on our site. It also uses cookies, known
as DART cookies, to serve ads to our site visitors based upon their
visit to www.website.com and other sites on the internet. However,
visitors may choose to decline the use of DART cookies by visiting the
Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads
Our Advertising Partners. Some
of advertisers on our site may use cookies and web beacons. Our
advertising partners are listed below. Each of our advertising partners
has their own Privacy Policy for their policies on user data. For easier
access, we hyperlinked to their Privacy Policies below.
Disclaimers
The
site is provided on an “as-is” and “as available” basis, and company
and our suppliers expressly disclaim any and all warranties and
conditions of any kind, whether express, implied, or statutory,
including all warranties or conditions of merchantability, fitness for a
particular purpose, title, quiet enjoyment, accuracy, or
non-infringement. We and our suppliers make not guarantee that the site
will meet your requirements, will be available on an uninterrupted,
timely, secure, or error-free basis, or will be accurate, reliable, free
of viruses or other harmful code, complete, legal, or safe. If
applicable law requires any warranties with respect to the site, all
such warranties are limited in duration to ninety (90) days from the
date of first use.
Some
jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. Some jurisdictions do not allow
limitations on how long an implied warranty lasts, so the above
limitation may not apply to you.
Limitation on Liability
To
the maximum extent permitted by law, in no event shall company or our
suppliers be liable to you or any third-party for any lost profits, lost
data, costs of procurement of substitute products, or any indirect,
consequential, exemplary, incidental, special or punitive damages
arising from or relating to these terms or your use of, or incapability
to use the site even if company has been advised of the possibility of
such damages. Access to and use of the site is at your own discretion
and risk, and you will be solely responsible for any damage to your
device or computer system, or loss of data resulting therefrom.
To
the maximum extent permitted by law, notwithstanding anything to the
contrary contained herein, our liability to you for any damages arising
from or related to this agreement, will at all times be limited to a
maximum of fifty U.S. dollars (u.s. $50). The existence of more than one
claim will not enlarge this limit. You agree that our suppliers will
have no liability of any kind arising from or relating to this
agreement.
Some
jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Term and Termination. Subject
to this Section, these Terms will remain in full force and effect while
you use the Site. We may suspend or terminate your rights to use the
Site at any time for any reason at our sole discretion, including for
any use of the Site in violation of these Terms. Upon termination of
your rights under these Terms, your Account and right to access and use
the Site will terminate immediately. You understand that any
termination of your Account may involve deletion of your User Content
associated with your Account from our live databases. Company will not
have any liability whatsoever to you for any termination of your rights
under these Terms. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in
effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
Company
respects the intellectual property of others and asks that users of our
Site do the same. In connection with our Site, we have adopted and
implemented a policy respecting copyright law that provides for the
removal of any infringing materials and for the termination of users of
our online Site who are repeated infringers of intellectual property
rights, including copyrights. If you believe that one of our users is,
through the use of our Site, unlawfully infringing the copyright(s) in a
work, 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)) 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.
Please
note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of
material fact in a written notification automatically subjects the
complaining party to liability for any damages, costs and attorney's
fees incurred by us in connection with the written notification and
allegation of copyright infringement.
General
These
Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to the
last e-mail address you provided to us and/or by prominently posting
notice of the changes on our Site. You are responsible for providing us
with your most current e-mail address. In the event that the last
e-mail address that you have provided us is not valid our dispatch of
the e-mail containing such notice will nonetheless constitute effective
notice of the changes described in the notice. Any changes to these
Terms will be effective upon the earliest of thirty (30) calendar days
following our dispatch of an e-mail notice to you or thirty (30)
calendar days following our posting of notice of the changes on our
Site. These changes will be effective immediately for new users of our
Site. Continued use of our Site following notice of such changes shall
indicate your acknowledgement of such changes and agreement to be bound
by the terms and conditions of such changes. Dispute Resolution. Please
read this Arbitration Agreement carefully. It is part of your contract
with Company and affects your rights. It contains procedures for
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All
claims and disputes in connection with the Terms or the use of any
product or service provided by the Company that cannot be resolved
informally or in small claims court shall be resolved by binding
arbitration on an individual basis under the terms of this Arbitration
Agreement. Unless otherwise agreed to, all arbitration proceedings
shall be held in English. This Arbitration Agreement applies to you and
the Company, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods
provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before
either party may seek arbitration, the party must first send to the
other party a written Notice of Dispute describing the nature and basis
of the claim or dispute, and the requested relief. A Notice to the
Company should be sent to: Company Address.
After the Notice is received, you and the Company may attempt to
resolve the claim or dispute informally. If you and the Company do not
resolve the claim or dispute within thirty (30) days after the Notice is
received, either party may begin an arbitration proceeding. The amount
of any settlement offer made by any party may not be disclosed to the
arbitrator until after the arbitrator has determined the amount of the
award to which either party is entitled.
Arbitration Rules. Arbitration
shall be initiated through the American Arbitration Association, an
established alternative dispute resolution provider that offers
arbitration as set forth in this section. If AAA is not available to
arbitrate, the parties shall agree to select an alternative ADR
Provider. The rules of the ADR Provider shall govern all aspects of the
arbitration except to the extent such rules are in conflict with the
Terms. The AAA Consumer Arbitration Rules governing the arbitration are
available online at adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall be conducted by a single, neutral arbitrator. Any
claims or disputes where the total amount of the award sought is less
than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through
binding non-appearance-based arbitration, at the option of the party
seeking relief. For claims or disputes where the total amount of the
award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the
right to a hearing will be determined by the Arbitration Rules. Any
hearing will be held in a location within 100 miles of your residence,
unless you reside outside of the United States, and unless the parties
agree otherwise. If you reside outside of the U.S., the arbitrator
shall give the parties reasonable notice of the date, time and place of
any oral hearings. Any judgment on the award rendered by the arbitrator
may be entered in any court of competent jurisdiction. If the
arbitrator grants you an award that is greater than the last settlement
offer that the Company made to you prior to the initiation of
arbitration, the Company will pay you the greater of the award or
$2,500.00. Each party shall bear its own costs and disbursements
arising out of the arbitration and shall pay an equal share of the fees
and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If
non-appearance based arbitration is elected, the arbitration shall be
conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party initiating
the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the
parties.
Time Limits. If
you or the Company pursues arbitration, the arbitration action must be
initiated and/or demanded within the statute of limitations and within
any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If
arbitration is initiated, the arbitrator will decide the rights and
liabilities of you and the Company, and the dispute will not be
consolidated with any other matters or joined with any other cases or
parties. The arbitrator shall have the authority to grant motions
dispositive of all or part of any claim. The arbitrator shall have the
authority to award monetary damages, and to grant any non-monetary
remedy or relief available to an individual under applicable law, the
AAA Rules, and the Terms. The arbitrator shall issue a written award
and statement of decision describing the essential findings and
conclusions on which the award is based. The arbitrator has the same
authority to award relief on an individual basis that a judge in a court
of law would have. The award of the arbitrator is final and binding
upon you and the Company.
Waiver of Jury Trial. THE
PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO
COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing
that all claims and disputes shall be resolved by arbitration under this
Arbitration Agreement. Arbitration procedures are typically more
limited, more efficient and less expensive than rules applicable in a
court and are subject to very limited review by a court. In the event
any litigation should arise between you and the Company in any state or
federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All
claims and disputes within the scope of this arbitration agreement must
be arbitrated or litigated on an individual basis and not on a class
basis, and claims of more than one customer or user cannot be arbitrated
or litigated jointly or consolidated with those of any other customer
or user.
Confidentiality. All
aspects of the arbitration proceeding shall be strictly confidential.
The parties agree to maintain confidentiality unless otherwise required
by law. This paragraph shall not prevent a party from submitting to a
court of law any information necessary to enforce this Agreement, to
enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If
any part or parts of this Arbitration Agreement are found under the law
to be invalid or unenforceable by a court of competent jurisdiction,
then such specific part or parts shall be of no force and effect and
shall be severed and the remainder of the Agreement shall continue in
full force and effect.
Right to Waive. Any
or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is
asserted. Such waiver shall not waive or affect any other portion of
this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow
the foregoing, either party may seek emergency equitable relief before a
state or federal court in order to maintain the status quo pending
arbitration. A request for interim measures shall not be deemed a
waiver of any other rights or obligations under this Arbitration
Agreement.
Claims Not Subject to Arbitration. Notwithstanding
the foregoing, claims of defamation, violation of the Computer Fraud
and Abuse Act, and infringement or misappropriation of the other party's
patent, copyright, trademark or trade secrets shall not be subject to
this Arbitration Agreement.
In
any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the
personal jurisdiction of the courts located within Netherlands County,
California, for such purposes.
The
Site may be subject to U.S. export control laws and may be subject to
export or import regulations in other countries. You agree not to
export, re-export, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such
data, in violation of the United States export laws or regulations.
Company
is located at the address in Section 10.8. If you are a California
resident, you may report complaints to the Complaint Assistance Unit of
the Division of Consumer Product of the California Department of
Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The
communications between you and Company use electronic means, whether
you use the Site or send us emails, or whether Company posts notices on
the Site or communicates with you via email. For contractual purposes,
you (a) consent to receive communications from Company in an electronic
form; and (b) agree that all terms and conditions, agreements, notices,
disclosures, and other communications that Company provides to you
electronically satisfy any legal obligation that such communications
would satisfy if it were be in a hard copy writing.
Entire Terms. These
Terms constitute the entire agreement between you and us regarding the
use of the Site. Our failure to exercise or enforce any right or
provision of these Terms shall not operate as a waiver of such right or
provision. The section titles in these Terms are for convenience only
and have no legal or contractual effect. The word “including” means
“including without limitation”. If any provision of these Terms is held
to be invalid or unenforceable, the other provisions of these Terms will
be unimpaired and the invalid or unenforceable provision will be deemed
modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to Company is that of an
independent contractor, and neither party is an agent or partner of the
other. These Terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you
without Company's prior written consent, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing will
be null and void. Company may freely assign these Terms. The terms and
conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright
©. All rights reserved. All trademarks, logos and service marks
displayed on the Site are our property or the property of other
third-parties. You are not permitted to use these Marks without our
prior written consent or the consent of such third party which may own
the Marks.
Contact Information
Email: elmatador1599@gmail.com