AVAILABILITY OF SERVICES
CooWeeMe reserves the right to withdraw or modify one or more aspects of the CooWeeMe Site at any time and for any reason. There may be times
when the CooWeeMe Service becomes unavailable, whether on an unscheduled basis, because of technical problems or on a scheduled basis. For security
or other reasons, we may require you to change your password or other information which facilitates access to the CooWeeMe Site.
MISUSE OF COOWEEME
We reserve the right to suspend or terminate any User’s access to the CooWeeMe Site, or any part of it, and/or to remove material posted on
the CooWeeMe Site, if the relevant User or material appears to us to be in breach of any provision of these Terms. Any person whose access has
been suspended or terminated must not reregister for or re-access the CooWeeMe Site without our prior consent. Your account is subject to immediate
termination without notice if you reregister without this consent. You are responsible for everything which occurs on the CooWeeMe Site while
your User account is logged on to the CooWeeMe Site. Therefore, it is important that you do not provide your password to others.
The CooWeeMe Site is intended to be used by its Users for the purposes referred to in these Terms. Accordingly, Members must not include swear
words or terms that could be considered offensive in material posted on or transmitted through the CooWeeMe Site. You further agree not to use
your access to the CooWeeMe Service, or information obtained from it, for the sending of unsolicited bulk email (spam), or to collect or harvest
any personally identifiable information, including CooWeeMe Usernames, from the CooWeeMe Site, or use the communication systems provided by
the CooWeeMe Site for any improper purpose (see Scope of Use, above). You shall not reverse engineer, decompile, disassemble, decipher or otherwise
attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof. You are responsible
for ensuring that no material you post (such as your User submissions) or any activity or communication you make on the CooWeeMe Site will be
capable of infringing the intellectual property or other rights of any person or entity. This includes the breach of any applicable law, whether
criminal, tortious or otherwise, as well as any material appearing to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable
REMOVAL OF MATERIAL/TERMINATION OF MEMBERSHIP
Each User acknowledges that we are entitled to remove any material on the CooWeeMe Site, whether this is based on information we receive from
Users or others, including our own determination of whether such material breaches any part of these Terms, or brings the CooWeeMe Site into
disrepute. However, you acknowledge that we do not monitor material which appears on the CooWeeMe Site, and that we are reliant upon Users to
notify us of anything on the Site that appears likely to be a breach of these Terms. Please notify us of such breaches by contacting us at [insert
link]. You agree that upon termination or suspension of your access to the CooWeeMe Site under any provision of these Terms, we may immediately
deactivate or delete your User account including all information and files and/or bar you from further access to the CooWeeMe Site. These Terms
of Use shall survive termination of this agreement, except for your rights granted hereunder under it and our obligations to you hereunder.
DO NOT RELY ON COOWEEME, ANY INFORMATION CONTAINED THEREIN, OR ITS CONTINUATION. WE PROVIDE COOWEEME AND ALL INFORMATION AND SERVICES ON AN
“AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY COOWEEME OR ANYTHING RELATED TO COOWEEME, YOU MAY
CLOSE YOUR COOWEEME ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
COOWEEME IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS TRANSMISSION OF ANY OTHER
USER GENERATED CONTENT) SENT THROUGH COOWEEME TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT
INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY
RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.
COOWEEME DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO
MONITOR THE USE OF ITS SERVICES BY USERS OF THE SITE. COOWEEME DISCLAIMS ANY AND ALL LIABILITY FOR PERSONAL RELATIONSHIPS OR CONTACTS DEVELOPED
THROUGH THE SITE, AND ANY ACTIVITY BETWEEN USERS OUTSIDE OF THE ONLINE FORUM PROVIDED BY COOWEEME IS ENTIRELY OUTSIDE THE CONTROL OR RESPONSIBILITY
OF COOWEEME. COOWEEME FURTHER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
COOWEEME DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION
OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. COOWEEME DISCLAIMS ALL LIABILITY FOR DAMAGES
CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, COOWEEME DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY
OF ACCESS, OR POOR USE CONDITIONS OF THE COOWEEME SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO
THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILITY
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, COOWEEME, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS,
AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP
WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB
SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY
TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR SERVICES OR SITE CONTENT), OR THIRD-PARTY
MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT OF FIFTY
DOLLARS ($50). 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 MAY HAVE ADDITIONAL RIGHTS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOWEEME AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR
IN CONNECTION WITH (A) YOUR BREACH OF THESE TERMS, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR SUBMISSION OF ANY CONTENT THAT
VIOLATES THIRD PARTY RIGHTS; (C) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (D) YOUR VIOLATION
OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF
ANY PRIVACY RIGHTS; AND (E) ANY ACTIVITY IN WHICH YOU ENGAGE ON OR THROUGH COOWEEME.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable
provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the
provision. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability
of the remaining provisions of these Terms will not be affected in any way.
CooWeeMe’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of CooWeeMe’s right to subsequently
enforce such provision or any other provisions of these Terms.
NO INJUNCTIVE RELIEF
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of CooWeeMe, exploitation
of any advertising or other materials issued in connection therewith, or exploitation of CooWeeMe or any content or other material used or displayed
through the Site.
You agree that these Terms constitute the entire, complete and exclusive agreement between you and us regarding CooWeeMe’s Site and Services
and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms.
ARBITRATION OF DISPUTES
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SITE SHALL BE SETTLED BY BINDING ARBITRATION IN
ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, APPLYING THE LAWS OF THE STATE OF [INSERT STATE OF
INCORPORATION]. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH
ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN [INSERT CITY, STATE] AND JUDGMENT ON THE ARBITRATION AWARD
MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR COOWEEME MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF
COMPETENT JURISDICTION IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR COOWEEME PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY
IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING
OUT OF THESE TERMS AND CONDITIONS.
Users outside of the United States consent to having their personal data transferred to and processed in the United States. Your use of the
CooWeeMe Site and Service is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”)
maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets
Control. You shall not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to
any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited
from receiving U.S. origin services or software.
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