These Terms and Conditions (“TAC”) are a legally binding agreement (“Agreement”) between the user (“User” or “You”) of the PotomacRiverSUP.org website (“Website”). By agreeing to these TAC, you are confirming that you fully understand the contents of these TAC. If you do not fully understand each and every provision of the TAC, you should not continue to use the Website.
- ACCEPTABLE USE
1.1. All content included on the Website, including but not limited to graphics, text, images, audio, and video, is the intellectual property of PotomacRiverSUP.
1.2. You may, for personal, non-commercial use, retrieve, display, and view content by any means available.
- PROHIBITED USE
2.1. You may not use the Website for any of the following purposes:
- to cause damage to the Website,
- to interfere with any other person’s use or enjoyment of the Website,
- or in any way that is harmful, illegal, abusive, threatening, or in any other way a violation of any applicable law or regulation.
- WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
3.1. Disclaimer. Except where prohibited by law, the Services and the Website are provided “as-is” and “as available” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Website (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. We further make no warranties or representations regarding the accuracy or completeness of the content on any sites linked to the Website.
3.2. Limitation of Liability. In no event shall the Website, its officers, directors, employees, or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either the TAC or use of the Website.
3.3. Third Party Products and Services. The Website does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and Review Match will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
3.4. Other Jurisdictions. We make no representations that use of the Website is appropriate or available in all locations. Those who access or use the Website from jurisdictions prohibiting such use do so at their own volition and are responsible for compliance with local law.
- INDEMNITY
You agree to defend, indemnify and hold harmless the Website and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Website; (b) your violation of any term herein; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination described herein and your use of the Website.
- MISCELLANEOUS
5.1. Governing Law; Jurisdiction. Any and all disputes arising hereunder shall be resolved by binding arbitration in accordance with the rules and guidelines set forth by the American Arbitration Association. Venue and jurisdiction for said arbitration shall occur in Los Angeles, California.
5.2. Electronic Notices. You agree to receive communications from us in an electronic form. Electronic notices will be delivered to your email address if supplied, and it may be subsequently changed by you by written notice to us. All communications in electronic format will be considered to be “in writing” and to have been received on the day that we send them. We reserve the right, but assume no obligation, to provide communications in paper format.
5.3. Languages. This document is prepared in the English language, which prevails over any translations of it to other languages, made by us and provided to you for your convenience, as applicable. The Website is designed in the English language and its translations into other languages may contain inaccuracies for which we shall not bear any responsibility; we suggest using the English version and resorting to versions in other languages only for references and at your own risk. You also agree to have all communications with us in English.
5.4. No Waiver. No failure or delay by a party to exercise any right or remedy provided hereunder or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision hereunder.
5.5. Severability. All the provisions hereunder are distinct and severable. If any provision hereunder (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of the remainder of the items set forth with the TAC.
5.6. PRIVACY. Use of the Services is also governed by our Privacy Policy, the provisions of which are adopted herein by reference so when we refer to this Agreement we also refer to the Privacy Policy.
- NOTICE. Notice shall be sent to wcohen@cohenandcohen.net.
Last updated: May 26, 2021