Terms of Service
Effective Date: 01/30/2020
- PLEASE READ CAREFULLY – LEGALLY BINDING TERMS: These Terms of Service (“Terms of Service”) are made by and between Amicus Enterprises LLC, a Nevada limited liability company (“QuizGriz” or “we” or “us” or “our”), and you, the user of our Services (“you” or “your”), and, together with any documents they expressly incorporate by reference, are legally binding and contain the complete terms and conditions that govern your access to and use of QuizGriz’s website at www.grizly.com ("Website" or "Site") and all other QuizGriz applications, services, features, websites, and content (collectively, our “Services”).
BY CREATING A QUIZGRIZ ACCOUNT, LOGGING IN TO OUR SERVICES WITH THIRD-PARTY CREDENTIALS (E.G., FACEBOOK CREDENTIALS), OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE OR OUR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE OR OUR SERVICES. WE RESERVE THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THESE TERMS OF SERVICE (AND ANY DOCUMENTS INCORPORATED BY REFERENCE) FROM TIME TO TIME AT OUR SOLE AND ABSOLUTE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM TO THIS WEBSITE. CONTINUED USE OF ANY PART OF THIS WEBSITE OR OUR SERVICES AFTER SAID CHANGES ARE MADE EFFECTIVE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes we make to it.
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION OF DISPUTES PROVISION THAT MAY REQUIRE YOU TO USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY DISPUTES WITH US (SECTION 27), RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS (SECTION 28). THERE IS ALSO A LIMITATION ON THE TIME YOU HAVE TO FILE A CLAIM (SECTION 29).
- AGE RESTRICTION. Our Services are not directed to or intended for anyone under the age of 16. If you are under the age of 16, you may not, under any circumstances or for any reason, access or use the Services. If you believe a person under the age of 16 is accessing or using our Services, please contact us at [email protected]. We do not knowingly collect information from anyone under the age of 16.
- LIMITED LICENSE TO USE OUR SERVICES. Subject to Section 10, below, we hereby grant you a limited, revocable, nontransferable, nonsublicenable, non-exclusive license to use our Services solely for your own personal, noncommercial use and not for republication, distribution, display, sale, preparation of derivative works, or other use. You agree not to copy or modify materials or content (including any source code or underlying ideas or algorithms) made available on or through our Services, reverse engineer or break into our Services, or otherwise directly or indirectly use our Services in violation of any law or these Terms of Service. Use of our Services in violation of this limited license or these Terms of Service constitutes, among other things, intellectual property infringement under applicable law. Notwithstanding this limited license to access and use our Services, we may, in our sole and absolute discretion, place limits or restrictions on your ability to access parts or all of our Services without notice or liability.
- AVAILABILITY; CHANGES TO OUR SERVICES. We do not guarantee our Services will be made available when you want to access them. We reserve the right, in our sole and absolute discretion, to update, remove, edit, replace, change, or otherwise modify our Services at any time and for any reason (or for no reason at all) without notice or liability. Any materials or content made available on or through our Services may be out of date at any given time, and we are under no obligation to update such materials.
When creating an account to access and use our Services, you agree to the following: (1) you will provide complete, current, and accurate information; (2) you will not create an account for anyone other than yourself without permission; (3) you will not impersonate any person not you; (4) you will not solicit or use another person’s email address to create a QuizGriz account; (5) you will not solicit or use another person’s third-party credentials to access our Services; (6) you will not create more than one personal account; (7) if we disable, or otherwise terminate, your account or your ability to login with third-party credentials, you will not create another account or login with third-party credentials without our express written consent; (8) you will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; (9) you will not transfer your account to anyone without first getting our express written consent; and (10) you consent to QuizGriz removing or reclaiming your profile name if we believe it is appropriate.
By registering, accessing, or otherwise using our Services, you agree that you are solely responsible for the activity that occurs on your account, and that you must keep your account password secure (including any third-party credentials you use to access our Services). If you lose a device containing your username and password, such as a laptop, desktop, or smartphone, or if such a device is stolen, it is up to you to take all the steps necessary to protect yourself. YOU AGREE THAT QUIZGRIZ WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY PROTECT YOUR PASSWORD OR OTHER CREDENTIALS USED TO ACCESS OUR SERVICES.
- PREMIUM MEMBERSHIP. In addition to becoming a registered user, if available, we may or may not have the option of purchasing a premium membership for a fee as described on the Website. Read our payment terms for more details.
- RELIANCE ON INFORMATION. The information presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on such materials by you or by anyone who is informed of any of its contents. Our Services may include content provided by third parties, including without limitation content provided by other users and third-party advertisers. All statements or opinions expressed in such third-party content are solely the opinions and the responsibility of the person or entity providing this content. Such third-party content does not necessarily reflect the opinion of QuizGriz. We are not responsible or liable to you or any third party for the content provided by any third parties.
PROHIBITED USES. You may access and use our Services only for lawful purposes and in accordance with these Terms of Service or any other operating rules, policies, or procedures that we may publish from time to time on the Website, each of which is incorporated by reference. You agree not to use our Services (directly or indirectly):
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate QuizGriz, a QuizGriz owner, executive, or employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm QuizGriz or users of our Services or expose them to liability.
Additionally, you agree not to (directly or indirectly):
- Delete or alter any copyright, trademark, or other proprietary rights notices displayed in connection with the materials or content made available on or through our Services.
- Use our Services in any manner that could disable, overburden, damage, or impair our Services or interfere with any other party’s use of our Services, including their ability to engage in real time activities on or through our Services.
- Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material or content made available on or through our Services.
- Use any manual or automatic process to monitor or copy any of the material or content made available on or through our Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of our Services.
- Introduces any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of our Services, the server or servers on which our Services are stored or accessed, or any other server, computer, or database connected to our Services.
- Attack our Services via a denial-of-service attack or distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of our Services.
- OWNERSHIP OF THE SERVICES. All content and material made available on or through our Services and the Services in and of themselves are and shall continue to be the exclusive property of QuizGriz, its affiliates, and its licensors (where applicable), and such content and material and our Services, in whole or in part, are individually and collectively protected by copyrights, patents, trademarks, trade secrets, and other proprietary rights. Except as expressly permitted in these Terms of Service, any copying, redistribution, use, modification, or publication by you of any such content or material or our Services, in whole or in part, is strictly prohibited. Under no circumstances will you acquire any ownership rights or other interest in or to any such content or material or our Services, in whole or in part, by or through your use of our Services. We cannot and do not warrant or represent to you that your use of our Services will not infringe the rights of third parties.
- TRADEMARKS. QuizGriz, Grizly, the QuizGriz logo, and all related names, logos, product and service names, designs, trade names, domain names, and slogans, whether registered or unregistered, are trademarks or service marks of QuizGriz or its affiliates or licensors (where applicable). You must not use such marks without the prior written permission of QuizGriz. All other names, logos, product and service names, designs, and slogans displayed on or through our Services are the trademarks of their respective owners.
- USER CONTENT. Our Services may contain discussion boards, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through our Services. All User Content must comply with the Content Standards set forth in these Terms of Service. Any User Content you post on or through our Services will be considered non-confidential and non-proprietary. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. We do not endorse any User Content posted on or through our Services.
By posting User Content on or through our Services, you hereby expressly grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a royalty-free, sublicensable, fully transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, syndicate, publicly perform, publicly display, make derivative works of, and otherwise fully exploit all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with our Services, including without limitation for promoting and redistributing part or all of our Services (and derivative works thereof) in any media formats and through any media channels (e.g., Facebook, Instagram, Twitter, etc.). To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same. You also hereby grant each user of our Services a non-exclusive license to access your User Content through our Services, and to use, reproduce, modify, edit, display, and perform such User Content as permitted through the functionality of our Services and under these Terms of Service. The foregoing license to both us and other users shall continue in perpetuity even if your QuizGriz profile or your access to our Services is terminated. In no event shall you be entitled to any remuneration for the use of any of your User Content. You shall execute and deliver any documents requested by us that are necessary to effectuate the license herein, and hereby appoint QuizGriz as your irrevocable attorney-in-fact with respect to User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that QuizGriz (and its affiliates, licensees, and service providers) can use your User Content in any way QuizGriz sees fit, including without limitation, to protect its rights in and to any copyrightable material it creates or derives from your User Content, and to have your User Content removed from any other website, forum, or service.
You represent and warrant that: (a) you own or control all rights in and to the User Content you post and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights; and (b) all of the User Content you post does and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Content you post, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of our Services.
- THIRD-PARTY INTERNET RESOURCES; ADVERTISERS. Our Services may contain links to third-party websites, advertisers, information, services, or other resources on the Internet (collectively, “Third-Party Internet Resources”). Third-Party Internet Resources may also contain links to our Services. These Third-Party Internet Resources are not owned or controlled by us, and as such, we make no representations or warranties about the content, completeness, quality, legality, appropriateness, or accuracy of any such Third-Party Internet Resource. Hyperlinks to Third-Party Internet Resources are provided as a service to users and are not sponsored by, endorsed, or otherwise affiliated with our Services or us. If you decide to access any Third-Party Internet Resources from our Services, you do so entirely at your own risk. You expressly acknowledge and agree that we are not responsible or liable, directly or indirectly, for any loss, damage, cost, or injury arising from your use of or reliance on any aspect of a Third-Party Internet Resource linked to or from our Services. Additionally, your dealings with or participation in promotions of advertisers found on or through our Services are solely between you and such advertisers. You expressly acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any loss, damage, cost, or injury of any sort relating to your dealings with such advertisers.
- LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES. You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Our Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content made available on or through our Services.
- Send emails or other communications with certain content, or links to certain content, made available on or through our Services.
- Cause limited portions of content made available on or through our Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as we provide them and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause any content made available on or through our Services or portions of such content to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Otherwise take any action with respect to the content or materials made available on or through our Services that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set forth in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice or liability. We may disable all or any social media features and any links at any time without notice in our discretion and without any liability.
COPYRIGHT INFRINGEMENT – DMCA NOTICE. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Services;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of infringement claims can be reached as follows (with e-mail being the most expeditious method):
- By Mail: Parker Keough LLP, P.O. Box 590006, Newton, Massachusetts, 02459
- By E-mail: [email protected]
- By Telephone: 321-262-1146
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying QuizGriz that your copyrighted material has been infringed. The preceding requirements are intended to comply with QuizGriz’s rights and obligations under the Digital Millennium Copyright Act of 1998 (“DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, QuizGriz has adopted a policy of terminating, in appropriate circumstances, users who are deemed by QuizGriz at its sole discretion to be repeat infringers. QuizGriz may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
CONTENT STANDARDS. These content standards apply to all User Content and use of Interactive Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, unless expressly authorized by us in writing.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- MONITORING AND ENFORCEMENT; TERMINATION. We have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content or any other information we receive from you that we deem necessary or appropriate in our sole discretion, including, without limitation, if we believe that your User Content or conduct violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Services or the public, or could create liability for QuizGriz.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.
- Terminate or suspend your access to all or part of our Services for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services. YOU WAIVE AND HOLD HARMLESS QUIZGRIZ (INCLUDING ITS OWNERS AND EMPLOYEES) AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on or through our Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- SURVIVABILITY. All provisions of these Terms of Service that by their nature should survive termination of the parties’ relationship shall survive termination, including, without limitation, the provisions dealing with Ownership of the Services (Section 10), Trademarks (Section 11), User Content (Section 12), Disclaimer of Warranties (Section 20), Limitation of Liability (Section 21), and Indemnification (Section 22).
- INTERNATIONAL USE. Although our Services may be accessible worldwide, we make no representation or warranty that any content or materials made available on or through our Services are appropriate or available for use in locations outside the United States. Those who choose to access our Services from other locations do so on their own initiative and at their own risk. If you choose to access our Services from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products or services purchased over the Internet. Any offer for any product, service, and/or information made in connection with our Services is void where prohibited.
- DISCLAIMER OF WARRANTIES. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT MADE AVAILABLE ON OR THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SERVICES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT OR SERVICE OFFERING FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUIZGRIZ, ITS OWNERS, EXECUTIVES, AFFILIATES, SERVICE PROVIDERS, AGENTS, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSEES, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH OUR SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL QUIZGRIZ, ITS OWNERS, EXECUTIVES, AFFILIATES, SERVICE PROVIDERS, AGENTS, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSEES, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100 (USD).
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF QUIZGRIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- INDEMNIFICATION. You agree to defend, indemnify, and hold harmless QuizGriz and its agents, contractors, service providers, licensees, licensors, and other affiliated companies, and their owners, executives, employees, contractors, agents, officers and directors, licensees, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to our Services; (ii) your violation of any provision of these Terms of Service, including without limitation your breach of any representation or warranty made herein; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property right; (iv) your violation of any applicable law, rule, or regulation; or (v) any other party’s access and use of our Services with your unique username and password or your third-party credentials.
- FORCE MAJEURE. In addition to any excuse provided by applicable law, we shall be excused from liability for our nonperformance of any applicable obligation relating to our Services that arises from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- SEVERABILITY. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
- IMPORT AND EXPORT REGULATIONS. To the extent your use of our Services is subject to U.S. export jurisdiction or the import jurisdiction of other countries, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations in all applicable jurisdictions. You are prohibited from directly or indirectly using, distributing, transferring, or transmitting any aspect of our Services in violation of such import and export laws and regulations.
- GOVERNING LAW; JURISDICTION. All matters relating to our Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Diego County, California although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You irrevocably waive any and all objections, and consent, to the exercise of jurisdiction over you by such courts and to venue in such courts.
- ARBITRATION – THIS PROVISION HAS AN AFFECT ON YOUR LEGAL RIGHTS. AT OUR SOLE DISCRETION, WE MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THESE TERMS OF SERVICE OR THE USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION DISPUTES ARISING FROM OR CONCERNING THE INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION OF THE TERMS OF SERVICE, TO FINAL, BINDING, AND INDIVIDUAL ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA LAW. ANY SUCH ARBITRATION SHALL TAKE PLACE BEFORE A SINGLE ARBITRATOR IN SAN DIEGO COUNTY, CALIFORNIA. THE PARTIES SHALL SHARE THE COSTS OF ARBITRATION EQUALLY, HOWEVER EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN ATTORNEYS’ FEES. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES, OR AWARDS THAT CONFLICT WITH THESE TERMS OF SERVICE. NOTWITHSTANDING THE FOREGOING, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ITS OWN EXPENSES FOR ARBITRATION COSTS, ATTORNEYS’ FEES AND TRAVEL EXPENSES, EXPERT TESTIMONY AND TRAVEL EXPENSES OF EXPERTS, AND FOR ALL OTHER EXPENSES OF PRESENTING ITS CASE.
- CLASS ACTION, JURY TRIAL WAIVER – THIS PROVISION HAS AN AFFECT ON YOUR LEGAL RIGHTS. ALL OF YOUR CLAIMS (WHETHER IN COURT OR THROUGH ARBITRATION) MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- NO ASSIGNMENT. These Terms of Service, including any rights and licenses granted hereunder, may not be transferred or assigned by you. QuizGriz may assign, transfer, or otherwise delegate all of its rights and obligations hereunder without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
- NO AGENCY. Nothing contained in these Terms of Service or your use of our Services shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such except as otherwise expressly authorized herein. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- NOTICES. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to [email protected], if by email, or to our address at Amicus Enterprises LLC, 1200 Wild Oak Ct, Reno, NV, 89503 if by conventional mail. You agree to allow us to submit notices to you either through the email address you provide to us, or to the mailing address we have on record. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by U.S. mail, return receipt requested; or (d) on the delivery date if transmitted by confirmed email.
- NO WAIVER. The failure of QuizGriz to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. Any waiver of these Terms of Service by QuizGriz must be in writing and signed by an authorized representative of QuizGriz.
- INTERPRETATION. The headings within these Terms of Service are purely for convenience and are not to be used as an aid in interpretation.
- ENTIRE AGREEMENT; NO AMENDMENT. These Terms of Service (and all documents incorporated by reference) constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Service may NOT be altered, supplemented, or amended without our express written consent. To the extent that anything in or associated with our Services is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
- YOUR COMMENTS AND CONCERNS. This website is operated by Amicus Enterprises LLC, 1200 Wild Oak Ct, Reno, NV, 89503. All notices of copyright infringement claims should be sent to the copyright agent designated in Section 15 in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to our Services should be directed to: [email protected]