By accessing, browsing, submitting information to and/or using the Websites, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Websites. These Terms:
Purpose of the Websites; Reliance on Information. The Websites are provided solely for informational purposes and the purposes of enabling communication between you and the Company. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our services.
The content on the Websites, including news, data and other information, is not intended for trading or investment purposes or as an offer to sell or the solicitation of an offer to buy any securities or financial products. Content on these Websites does not provide any form of advice (investment, tax or legal). The Company is not a registered investment adviser or broker-dealer and does not provide investment advice or recommendations to buy or sell securities, to hire any investment adviser or to pursue any investment or trading strategy. The posting of any presentation or other information on the Websites should not be interpreted as a recommendation or opinion by the Company that you should make any purchase or sale or participate in any transaction or delays in such content, or for any actions taken in reliance thereon.
Use of the Websites. The Company grants you a non-exclusive right to access and use the Websites and the data, materials, images, files, applications, content or information on the Websites (collectively, “Company Content”) solely for your personal use. Your right to access and use the Websites shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Websites for commercial purposes. You agree to use the Websites only for lawful purposes, comply with all rules governing any transactions on and through the Websites and comply with applicable laws.
User Account Responsibility. If you are given or create an account and password to access the Websites and our services, such as a speaker or member, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password. You hereby warrant and represent you have all legal rights and consents to create any such accounts and provide any information in the Websites and to Company, including the personal information of others.
Prohibited Uses. You agree that you will not:
- Use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of them;
- Attempt to gain unauthorized access to any Websites account, computer systems or networks associated with the Company or the Websites;
- Obtain or attempt to obtain any materials or information through the Websites by any means not intentionally made available or provided by the Company;
- Use any robot, spider, or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Intellectual Property Notices. The Websites and Company Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Websites or Company Content in any manner, except as expressly permitted by the Company in these Terms. The Websites or Company Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives with the express written consent of the Company or applicable owner.
Your Content. Any information, files, images, content, or data you create or leally own or to which you have a license and use on the Websites is “Your Content.” In sharing Your Content on the Websites, you warrant and represent you have the legal right to use Your Content and grant the Company an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Websites services as described in these Terms and in any posted policies on the Websites. The Websites services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Company systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Company Content and Your Content, copyrighted materials and trademarks that you see, hear, and use on the Websites. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
We take intellectual property rights very seriously and respects the rights of all owners. Please direct all questions or concerns regarding the use of any intellectual property on the Websites to the Company as described below.
United States Only. The Company is based in the state of New York in the United States. The Company provides these Websites for use only by persons located in the United States. We make no claims that the Websites or any of its contents are accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries.
Disclaimer. ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, OR THE CONTENT, DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity. You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Websites, including, but not limited to, any use of the Websites and Company Content, or any services other than as expressly authorized in these Terms or your use of any information obtained from the Websites.
Termination and Restriction of Access. In its sole discretion, the Company may terminate or suspend your access to the Websites for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.
Arbitration. At its sole discretion, the Company may require you to submit any disputes arising from use of the Websites, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. By using the Websites, you hereby consent to submission of any dispute to be final and binding arbitration.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Websites must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Governing Law & Jurisdiction. These Terms are governed by the laws of the State of New York, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the state of New York, U.S.A. in all disputes arising out of or relating to the use of the Websites.
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Websites. In the case that any provision in these Terms conflict with those in any membership agreement you have executed with the Company, the terms of the membership agreement shall govern and supersede these Terms only as to the provisions that conflict. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are 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 these Terms shall continue in effect.
Company Contact Information. Questions can be directed to the Company at:
TIGER 21 Membership Department
888-844-3721, ext. 141