These Terms of Service ("TOS") govern all of the BranchOut professional networking web sites (including BranchOut.com), mobile features, applications, and other interactive features or services that link to this TOS ("BranchOut Services"). The BranchOut Services are provided by BranchOut, Inc. Please read these TOS carefully as they form a contract between you and BranchOut that affects your legal rights and governs your access to and use of the BranchOut Services.
ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you agree that all disputes between you and BranchOut with regard to these TOS and your use of the BranchOut Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
In order to access certain features of the BranchOut Services, you will have to create a BranchOut account and become a "User." You must be 13 years of age or older to become a User. When you register with BranchOut and set up your BranchOut account, you agree that all information provided to BranchOut 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. You agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the BranchOut Services using your name in whole or in part. We reserve the right to terminate your account or otherwise deny you access in our sole discretion without notice and without liability. When you sign up to become a User, you may be asked to install the BranchOut application through Facebook. You are entirely responsible for maintaining the confidentiality of your Facebook account and password. You agree to not use the account, username, or password of another User at any time or to disclose your password to any third party.
You agree to notify BranchOut immediately if you suspect any unauthorized use of your account or access to your password. By providing us with your contact information, you agree and consent to receive communications from us at such contact information. If you provide your mobile phone number, this may include text messages, which may be sent through an automatic telephone dialing system.
BranchOut makes certain content available through the BranchOut Services. "BranchOut Materials" mean all materials made available through the BranchOut Services, including, without limitation, the BranchOut logo, and all designs, text, data, graphics, other files, and the selection and arrangement thereof, except for Content (defined below). BranchOut and its licensors own all right, title and interest, including all worldwide intellectual property rights in the BranchOut Materials, and the trademarks, service marks and logos contained therein other than your Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BranchOut Materials, Content or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the BranchOut Materials, Content (other than your Content).
BranchOut Trademarks. The BranchOut name and logo are trademarks of BranchOut, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BranchOut. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of BranchOut, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BranchOut.
You understand that all information, listings, data, text, software, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, excluding BranchOut Materials ("Content"), are the sole responsibility of the person from which such Content originated. You understand that by using BranchOut Services, you may be exposed to Content that is offensive, indecent or objectionable.
You, or a third party licensor, as appropriate, retain any intellectual property rights in the Content you submit. By submitting Content on or through the Services, you grant BranchOut an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable license to distribute, reproduce, modify, perform, display, commercialize and otherwise use the Content and your name, voice, likeness and other identifying information in connection with that Content via any media now known or later developed, without any compensation to you. By submitting Content, you authorize BranchOut to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with the BranchOut Services (e.g., the display of your job listings). Additionally, if you are a customer, you agree that we may use your name and logo to identify you as a BranchOut customer on the BranchOut Services and in BranchOut marketing, corporate and promotional materials Your Content may have been integrated into BranchOut Services as improvements. You further authorize BranchOut to publish your Content in a searchable format that may be accessed by users of the Internet.
You agree that we are not responsible for, and we do not endorse, the Content posted within the BranchOut Services. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any Content. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any Content. If your Content contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that Content. You agree that we have no obligation to monitor or enforce your intellectual property rights to your Content, but we have the right to protect and enforce our and our licensees' licensed rights to your Content.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, BranchOut does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that BranchOut is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
You agree and understand that we are not obligated to post, keep or use your Content. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of Content or other information may not be secure, and you should consider this before submitting any information via the BranchOut Services.
You may not use the BranchOut Services for any purpose or in any manner that infringes the rights of any third party. BranchOut encourages you to report any content on the BranchOut Services that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the BranchOut Services infringe your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), BranchOut has a designated agent for receiving notices of copyright infringement and BranchOut follows the notice and takedown procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BranchOut's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site (in most circumstances, we will need a URL); (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the BranchOut Services violates your rights other than copyrights, please provide BranchOut with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the BranchOut Services or other complaint regarding alleged violation of rights to BranchOut' s copyright agent, Claudio Zanet, who can be reached as follows:
Attn: Copyright/IP Agent
333 Bryant Street, Suite 320
San Francisco, CA 94107
Phone: (415) 363-0378
Fax: (415) 520-6494
E-mail Address: firstname.lastname@example.org
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
BranchOut will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
You agree that you are responsible for your own conduct and Content while using BranchOut Services and for any consequences that result. You agree to use BranchOut Services only for purposes that are legal, proper and in accordance with the TOS and any applicable policies or guidelines. While BranchOut prohibits such conduct and Content in connection with BranchOut Services, you understand and agree that BranchOut may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to BranchOut Services.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
You are solely responsible for your interaction with other users of the BranchOut Services, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
The BranchOut Services may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
There may be links from the BranchOut Services, or from communications you receive from the BranchOut Services, to third party web sites or online features. The BranchOut Services also may include third party content that we do not control, maintain or endorse. Functionality on the BranchOut Services may also permit interactions between the BranchOut Services and a third party web site or online feature, including applications that connect the BranchOut Services with a third party web site (including, but not limited to, Facebook). Using this functionality may require you to login to your account on the third party web site and you do so at your own risk. We do not control any of these third party web sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party web sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE BRANCHOUT SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
You may choose, at your sole and absolute discretion and risk, to use applications that connect the BranchOut Services with a third party site (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to theBranchOut Services. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your BranchOut Service accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if BranchOut has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold BranchOut harmless for the sharing of information relating to your BranchOut Services accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
BranchOut grants you the revocable permission to link to the BranchOut Services; provided, however, that any link to the BranchOut Services: (a) must not frame or create a browser or border environment around any of the content on the BranchOut Services or otherwise mirror any part of the BranchOut Services; (b) must not imply that BranchOut or the BranchOut Services is endorsing or sponsoring any third party or its products or services, unless BranchOut has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in BranchOut's sole opinion, harm BranchOut or its products or services; (d) must not use any BranchOut trademarks without the prior written permission from BranchOut; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in BranchOut's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the BranchOut Services, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, BranchOut reserves the right to prohibit linking to the BranchOut Services for any reason in our sole and absolute discretion.
The BranchOut Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the BranchOut Services, receive messages from the BranchOut Services, download applications to your mobile phone or access BranchOut Services features (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding BranchOut. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify BranchOut of any changes to your mobile number and update your account(s) on the BranchOut Services to reflect this change.
By User: You may be able to terminate your BranchOut account via a mechanism available within the BranchOut Services. You can also do so by sending us an e-mail (email@example.com). After receipt of your termination notice, BranchOut will terminate your account within a reasonable time. Any fees paid by you prior to your termination are nonrefundable, including any fees paid in advance for the term during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
By BranchOut: BranchOut reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the BranchOut Services, or modify these TOS without advance notice. All modified terms and conditions will be effective after they are posted on the BranchOut Services (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the BranchOut Services, and if applicable, cancel your BranchOut account. By continuing to access or use the BranchOut Services after BranchOut makes any such revision, you agree to be bound by the revised TOS.
Without limiting other remedies, BranchOut may immediately terminate or suspend your access to the BranchOut Services and remove any material (including Content) from the BranchOut Services or our servers, in the event that you breach these TOS or our Community Values. Notwithstanding the foregoing, we also reserve the right to terminate the BranchOut Services or your access thereto at any time and for any reason.
After any termination by you or BranchOut: You understand and acknowledge that we will have no further obligation to provide the BranchOut Services. Upon termination, all licenses and other rights granted to you by these TOS will immediately cease. BranchOut is not liable to you or any third party for termination of the BranchOut Services or termination of your use of the BranchOut Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING CONTENT) THAT YOU HAVE SUBMITTED ON THE BRANCHOUT SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, BranchOut will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to BranchOut under these TOS (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Fees. If you purchase any services that we offer for a fee, including without limitation any premium User services, enterprise services, job listings or other services, either on a one-time or subscription basis (collectively, "Paid Services"), you agree to pay all fees and charges specified when you signed up for the Services and any part thereof. All fees are exclusive of applicable taxes (e.g., sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Services.
Credit Card Authorization. You may be asked to provide BranchOut with a credit card number from a card issuer that we accept in order to activate and/or pay for any fees related to Paid Services. You agree that any credit card and related billing and payment information that you provide may be shared by BranchOut with companies, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to BranchOut and servicing your account. BranchOut may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Payment Method. BranchOut will charge the subscription fee and any other additional fees you authorize to the charge or credit card account provided by you. By authorizing BranchOut to charge a credit card for the fees associated with your subscription, you are authorizing BranchOut to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs BranchOut of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize BranchOut, or any other company that acts as a billing agent for BranchOut, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. You agree to provide BranchOut updated information on your credit card upon BranchOut's request and any time the information earlier provided is no longer valid. If payment is not received by BranchOut from your credit card issuer or its agents, you agree to pay all amounts due upon demand by BranchOut.
Free Trial Period. BranchOut may offer you a one-time free trial period during which you can try out the Paid Services for free ("Free Trial Period"). If you are participating in a Free Trial Period, you must cancel the Paid Services by the end of the trial period to avoid incurring any charges. If you do not cancel the Paid Services before the Free Trial Period expires, your account will automatically be converted into a paid subscription at the end of the Free Trial Period, then you authorize us to charge your credit card the applicable fees as indicated at the time you signed up for the Paid Services. During the Free Trial Period, you agree that BranchOut will have the right (subject to applicable local law) to send you communications, notices and news about the Paid Services to your email address you may have provided. Local law may allow you to revoke your consent to receiving these communications at any time during the Free Trial Period. BranchOut reserves the right to modify, cancel and/or limit this Free Trial Period offer at any time.
Paid Services Non-Cancellable and No Refunds. ALL PAID SERVICES ARE NON-CANCELLABLE AND ALL FEES AND CHARGES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS OR FOR UNUSED SERVICES.
Automatic Renewal of Subscription. When you sign up online for the Paid Services, your monthly or annual subscription will be set to automatically renew upon its expiration, depending on the option you select. This means that unless you cancel by changing your renewal settings prior to its expiration, your account will automatically renew for another month or year, as applicable. At the time of renewal, we will charge your credit card the then-current fees to renew the Paid Services. We may notify you by email to your email address that your account is about to renew and remind you that your credit card will be billed the indicated Paid Services fees on the renewal date.
Changes in Price. BranchOut may at any time, upon notice required by applicable law, change the price of the Paid Services or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Paid Services. Your continued use of the Paid Services after the effective date of any such change shall constitute your acceptance of such change.
You represent and warrant that: (i) you have the legal right and capacity to enter into the TOS in your jurisdiction and to comply with the TOS or, if you are a minor, your parent or legal guardian has read and agreed to the TOS on your behalf; and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under the TOS.
You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the BranchOut Services and you will be responsible for all charges related thereto.
You agree to defend, indemnify, and hold BranchOut, its officers, directors, employees and agents, 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 (i) your access to or use of the BranchOut Services, BranchOut Materials and Content; (ii) your breach or alleged breach of the TOS; (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 BranchOut in the defense of any claim. BranchOut 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 a duly authorized officer of BranchOut.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE BRANCHOUT SERVICES, MATERIALS AND CONTENT IS AT YOUR SOLE RISK. THE BRANCHOUT SERVICES, THE BRANCHOUT MATERIALS AND CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRANCHOUT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, LICENSORS, AND THEIR EMPLOYEES, MANAGERS OFFICERS, AGENTS AND VENDORS (COLLECTIVELY, THE "BRANCHOUT PARTIES") EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE BRANCHOUT SERVICES, BRANCHOUT MATERIALS AND CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE BRANCHOUT PARTIES MAKES NO WARRANTY THAT (i) THE BRANCHOUT SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE BRANCHOUT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BRANCHOUT SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BRANCHOUT SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE AVAILABLE THROUGH THE BRANCHOUT SERVICES WILL BE CORRECTED.
THE BRANCHOUT PARTIES DOES NOT WARRANT THAT YOUR USE OF THE BRANCHOUT SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE BRANCHOUT 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 THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THE TOS.
BY ACCESSING OR USING THE BRANCHOUT SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE BRANCHOUT SERVICES.
THE BRANCHOUT 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 OBTAINED THROUGH THE BRANCHOUT SERVICES.
ANY DOWNLOADING OR USE OF ANY CONTENT OR MATERIAL VIA THE BRANCHOUT SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE BRANCHOUT SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BRANCHOUT PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE BRANCHOUT SERVICES OR CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE BRANCHOUT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BRANCHOUT SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (iv) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE BRANCHOUT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE BRANCHOUT SERVICES; (v) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (vi) ANY ERRORS OR OMISSIONS IN THE BRANCHOUT SERVICES'S TECHNICAL OPERATION; (vii) 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; OR (viii) ANY OTHER MATTER RELATING TO THE BRANCHOUT SERVICES. IN NO EVENT WILL THE BRANCHOUT PARTIES' CUMULATIVE LIABILITY TO YOU EXCEED FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A PAID SERVICE, IF ANY, OR US $10, WHICHEVER AMOUNT IS GREATER.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE BRANCHOUT PARTIES' 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 THE BRANCHOUT SERVICES OR ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE BRANCHOUT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE BRANCHOUT SERVICES OR ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE BRANCHOUT PARTIES.
BY ACCESSING THE BRANCHOUT SERVICES, 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 HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR 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."
Except for disputes relating to the infringement or misappropriation of your or BranchOut's intellectual property (including but not limited to trademarks, trade dress, copyrights, patents and trade secrets) or disputes in which BranchOut is seeking an injunction ("Excluded Disputes"), any controversy or claim arising out of or relating to the TOS or your use of the BranchOut Services shall be resolved by arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, and shall be governed by the procedural and substantive laws of the State of California, without reference to choice-of-law rules or principles. You further understand, adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of the TOS) with respect to any final award in an arbitration arising out of or related to the TOS or your use of the BranchOut Services.
Any arbitration instituted in accordance with this paragraph shall be presided over by a single arbitrator and will take place in San Francisco County, California or, alternatively, in the event that such venue will cause undue economic or physical hardship to the claimant, then the venue shall be in the county in which the claimant is domiciled at the time the cause of action is asserted, provided that such venue is within the continental United States. Disputes over hardship shall be determined by an arbitrator in the county in which the claimant is domiciled, provided that such venue is within the continental United States. You understand, acknowledge, and agree that, if you and BranchOut do not agree on a single arbitrator, JAMS shall send you a list of at least five (5) arbitrator candidates and that JAMS shall also provide you with a brief description of the background and experience of each arbitrator candidate. You further understand, acknowledge, and agree that, within seven (7) calendar days of service upon you of the list of names, you may strike two (2) names in the case of a sole arbitrator, and shall rank the remaining arbitrator candidates in order of preference. You understand, acknowledge, and agree that the remaining arbitrator candidate with the highest composite ranking shall be appointed the arbitrator. You understand, acknowledge, and agree that any arbitration shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these TOS, including Rules 16.1 and 16.2 of those Rules, which provide for limited discovery. You further understand, acknowledge, and agree that the parties to any arbitration shall be limited to three (3) depositions per side.
You and the BranchOut Parties retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court. Except as so provided, you understand and agree that, under these TOS, you will not have the right to file suit in a court of general jurisdiction to assert any allegation, claim, or cause of action you may have against any and/or all of the BranchOut Parties, or to have a jury trial on any allegation, claim, or cause of action you may assert. You understand and agree that, under these TOS, you will not be able to participate as a representative or member of any class of claimants pertaining to that claim.
The decision of the arbitrator will be final and binding except as provided in the Federal Arbitration Act. You understand and agree that all aspects of the arbitration proceeding and the award, including the hearing, except as may be necessary in connection with a court application for a preliminary or permanent injunction, or unless otherwise required by law or judicial decision, shall be confidential. You understand and agree that any provision of applicable law notwithstanding, the arbitrator will not have authority to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
In any arbitration conducted pursuant to this provision, the BranchOut Parties will advance your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $1,500. The prevailing party shall be awarded its costs (including witness costs and expert witness fees, if any), arbitration costs, and reasonable attorney's fees as part of the award.
You agree that any action at law or in equity relating to the arbitration provision of these TOS or the Excluded Disputes will be filed only in the state or federal courts located in San Francisco County, California or, alternatively, in the event that such venue will cause undue economic or physical hardship of the claimant, in the county in which the claimant is domiciled at the time the alleged cause of action is asserted, provided that such venue is within the continental U.S., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If any portion of this Section 16 is found to be invalid, illegal or unenforceable, for any reason, that portion shall be severed from the rest of the TOS and shall not affect the agreement to resolve all controversies and claims through arbitration.
These Terms and the relationship between you and BranchOut shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and will specifically not be governed by the United Nations Conventions On Contracts For The International Sale Of Goods, if otherwise applicable. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The information provided within the BranchOut Services 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 BranchOut to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the BranchOut Services or any portion of the BranchOut Services, 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 we provide.
Software related to or made available by the BranchOut Services may be subject to United States export controls. Thus, no software from the BranchOut Services 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 the BranchOut Services, 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.
Notwithstanding any other provision within the TOS, the following subparagraphs are applicable to those users who access the BranchOut Services on Apple iOS devices through an application acquired from the Apple App Store.
The TOS constitutes the entire agreement between you and BranchOut and governs your use of the Services, superseding any prior agreements between you and BranchOut. You also may be subject to additional terms and conditions that may apply when you use affiliate or other BranchOut Services, third-party Content or third-party software. You will not assign the TOS 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 BranchOut. Any purported assignment or delegation by you without the appropriate prior written consent of BranchOut will be null and void. BranchOut may assign the TOS or any rights hereunder without your consent. The failure of BranchOut to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
The failure of BranchOut to act with respect to a breach of the TOS by you or others does not constitute a waiver and will not limit BranchOut's rights with respect to such breach or any subsequent breaches. No waiver by BranchOut of any of the TOS will be of any force or effect unless made in writing and signed by a duly authorized officer of BranchOut. Neither the course of conduct between the parties nor trade practice will act to modify the TOS. You agree that the TOS will not be construed against BranchOut by virtue of BranchOut having drafted them.
If you have any questions about the TOS or want to report a violation of the TOS, please contact us at firstname.lastname@example.org.