Last Revised July 25, 2017
Use of the Site
Site Content, Software and Trademarks: You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Digital Throttle, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized by Digital Throttle is strictly prohibited.
Third Party Websites
The Site may provide, or third parties may provide, links or other access to third party sites and resources on the Internet. Digital Throttle has no control over such sites and resources and Digital Throttle is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Digital Throttle will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that Digital Throttle is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Digital Throttle EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Digital Throttle MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Digital Throttle WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Digital Throttle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (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 SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
Governing Law and Arbitration.
This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to any conflict of laws provisions thereof. Any dispute arising out of or in connection with this Agreement (including for equitable relief) shall be resolved by binding arbitration under the current expedited procedures applicable to the then-current commercial arbitration rules of the American Arbitration Association. The place of arbitration shall be the county of Orange, California. Any award rendered by the arbitrator shall be final and binding upon the Parties, and judgment upon any such award rendered may be entered in any court having jurisdiction. Each Party shall pay its own expenses of arbitration, and the expenses of the arbitrator shall be equally shared between Company and you unless the arbitrator assesses as a part of his or her award all or any part of the arbitration expenses of a Party (including reasonable attorneys’ fees) against the other Party.
Date of Last Revision: July 25, 2017