Intended Users. The Site is intended for use by individuals over the age of eighteen (18). The Site is not intended for use by children under the age of eighteen (18). Users of the Site under the age of eighteen (18) require the assistance of a parent or guardian.
Copyright and Intellectual Property Policy. All names, logos, service marks, and trademarks appearing in this Site, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property (“Content”), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, ISEBOX, its Clients, and its Affiliates. This includes the entire Content of the Site, copyrighted and protected as a collective work.
Your use of the Site is limited to personal and non-commercial use only unless other uses are granted expressly to you. You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Site Content for public or commercial purposes without ISEBOX’s written permission for such use of Content. You may not harvest or otherwise collect information about others, take any action that imposes an unreasonably large load on the Site’s servers, violate the security of the Site, or engage in any other conduct that exposes us or any of our users to any liability or potential harm.
It is ISEBOX’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ISEBOX and/or others.
Any content that is posted found in violation of any law including but not limited to the Digital Millennium Copyright Act will be immediately taken down upon request. ISEBOX is not liable for any loss incurred as a result of complying with a taken down request regardless of the validity of the request.
DISCLAIMER OF WARRANTIES. By using the Site, You expressly agree that use of the Site is at Your sole risk. The Site is provided on an “AS IS” and “as available” basis. Neither ISEBOX nor its Affiliates or Clients warrant that use of the Site will be uninterrupted or error-free. Neither ISEBOX nor its Affiliates or Clients warrant the accuracy, integrity, or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, ISEBOX makes no representation that content provided on the Site is applicable to or appropriate for use in all locations and for all persons. ISEBOX and its Affiliates or Clients specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title and merchantability or fitness for a particular purpose. No oral advice or written information given by ISEBOX or its Affiliates or Clients shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to You.
LIMITATION OF LIABILITY. Under no circumstances shall ISEBOX, its Affiliates or Clients be liable for any direct, indirect, incidental, special, or consequential damages that result from Your use of, or inability to use the Site, including but not limited to reliance by You on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion, or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort, or any other claim, even if an authorized representative of ISEBOX has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all, including but not limited to, content, merchandise, offers, promotions, coupons, and services promoted or available through the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
ISEBOX IS NOT RESPONSIBLE FOR ANY AND ALL HARM THAT ARISES FROM THE CONSUMPTION AND/OR USE OF THE PROMOTED PRODUCTS. YOU AGREE TO HOLD ISEBOX FREE FROM ANY AND ALL LIABILITY IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY FOR ANY AND ALL HARM THAT ARISES FROM THE CONSUMPTION AND/OR USE OF THE PRODUCTS ISEBOX PROMOTES. YOU AGREE TO HOLD ISEBOX FREE FROM ANY AND ALL DAMAGES ARISING FROM THE CONSUMPTION OF AND/OR USE OF ANY PRODUCTS ISEBOX PROMOTES.
Termination. ISEBOX may terminate Your access to the Site at any time, for any reason, without notice, in its sole discretion. You are personally liable for any engagements on the Site prior to termination. YOU AGREE THAT ISEBOX WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR YOUR ISEBOX ACCOUNT. ISEBOX reserves the right to change, suspend, or discontinue any or all aspects of the Site at any time, without notice, in its sole discretion. If You become dissatisfied with the Site, Your only recourse is to immediately discontinue use of the Site.
DISPUTE RESOLUTION, BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. THROUGH USE OF THIS SITE YOU ARE GIVING UP RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THAT YOU OR ISEBOX MAY HAVE WITH EACH OTHER THROUGH INDIVIDUAL ARBITRATION INSTEAD OF THROUGH COURT TRIALS, JURY TRIALS, OR CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
This Section is intended to be interpreted broadly to encompass all disputes or claims arising out of this Agreement, or Your purchase, or use of any product or service from ISEBOX.
ANY DISPUTE OR CLAIM MADE BY YOU AGAINST ISEBOX ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR YOUR PURCHASE OR USE OF ANY ISEBOX SERVICE OR PRODUCT REGARDLESS OF WHETHER SUCH DISPUTE OR CLAIM IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (TOGETHER, A “DISPUTE”) WILL BE RESOLVED BY INFORMAL NEGOTIATIONS OR THROUGH BINDING ARBITRATION, AS DESCRIBED BELOW.
Informal Negotiations. To expedite resolution and control the cost of a Dispute, you and ISEBOX agree to first attempt to resolve a Dispute informally for at least thirty (30) days before initiating any arbitration. Such Informal Negotiations will commence upon written notice from one party to the other. You must send Your notice to INFO@ISEBOX.com. Please include in the subject line of the email “Request to Negotiate”.
Arbitration Procedures. If You and ISEBOX are unable to resolve a Dispute through Informal Negotiations, either You or ISEBOX may elect to have a Dispute resolved by binding arbitration by notifying the other party of such election, only if not satisfied with the remedy after informal negations are complete.
YOU AND ISEBOX AGREE THAT IN THE EVENT EITHER PARTY ELECTS TO ARBITRATE, THE ARBITRATOR(S) DECISION SHALL BE BINDING. FURTHERMORE, ALL PARTIES TO THE ARBITRATION PROCEEDING AGREE AND CONSENT THAT ALL ARBITRATION PROCEEDINGS SHALL BE HELD IN (Insert county name, Insert State Name).
You and ISEBOX agree to waive the right to litigate any Dispute in court and before a jury, and agree that this Arbitration provision will be governed by the Federal Arbitration Act to the maximum extent permitted by law. You and ISEBOX further agree that any arbitrator that arbitrates a Dispute under this provision is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another.
You and ISEBOX agree that all issues of enforceability of this Agreement to Arbitrate – including issues relating to scope, validity, and unconscionability – will be decided by the arbitrator. If for any reason this Arbitration Provision is deemed inapplicable or invalid, You and ISEBOX both waive, to the fullest extent allowed by law, the right to a jury trial and any claims relating to a Dispute to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
The Arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Procedures”), both of which are available at the AAA website www.adr.org, or which may be acquired by calling the AAA at 1 (800) 778-7879.
Any Arbitration will be confidential, and neither You nor ISEBOX may disclose the existence, content, or results of any Arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
If any portion of this Arbitration Provision is determined by a court or the arbitrator to be inapplicable or invalid, then the remainder shall still be given full force and effect.
In all Arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration.