Puissant, Inc., a Texas corporation (“Company”), welcomes you to www.xoafterglow.com (“Website”). It is important to the Company that you and other visitors have the best possible experience while using the Website, and that, when you use the Website, you understand your legal rights and obligations. Please read this terms-of-service agreement, which is a binding agreement between you and the Company that governs your access to and use of the Website, including any content, functionality, and services offered on or through the Website. You may access the Website only if you agree to this agreement. Please pay special attention to the following provisions: (1) disclaimer of warranties (section 13); (2) limit on liability and exclusion of damages (sections 14 and 15); (3) place for resolving disputes (section 18.2); (4) mandatory arbitration (section 19.1); (5) class action waiver (section 19.5); and (6) limitation on time to file disputes (section 19.6).
Notice Regarding Dispute Resolution: This agreement contains provisions that govern how claims you and we may have against each other are resolved (see section 19 below), including an agreement and obligation to arbitrate disputes, which will require you to submit claims you have against us to binding arbitration. Please read the arbitration provision (section 19.1) in this agreement as it affects your rights under this agreement.
Minors Prohibited. The Website contains adult-oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Company forbids all persons who do not meet these age requirements from accessing the Website.
Section 230(d) Notice: You are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms or by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Notice of Recurring Memberships: Unless stated otherwise, memberships automatically renew under this agreement unless you cancel before the end of your term. To cancel your membership, contact the payment processor you signed up through or email the Company at firstname.lastname@example.org. On renewal, your payment method will automatically be charged at the rate in effect at the time you originally signed up.
- The Website allows you to buy access to digital content, including videos for streaming or download or both. To view the digital content, you will need a personal computer, tablet, phone, or other device that meets the Website’s system and compatibility requirements and a high-speed internet connection.
- This agreement applies to all users of the Website, whether you are a “visitor” or a “registered user.” By clicking on the “I Agree” button on the warning page, checking the appropriate box during sign up, purchasing a premium membership, or accessing any part of the Website, you agree to this agreement. If you do not want to agree to this agreement, you must leave the Website. If you breach any part of this agreement, the Company may revoke your license to access the Website, block your access to the Website, or terminate your account (if you have one).
- The Company may change this agreement on one or more occasions by updating this page. The top of this page will tell you when the Company last updated this agreement. Changes will take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. The Company will try to notify you when it changes this agreement if it can do so in a reasonable manner. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. The Company will consider your continued use of the Website after it posts the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Website.
- If you have any questions about this agreement or the Website, please email the Company at email@example.com.
- Adult-Oriented Content and Affirmative Representations. The Website contains uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now. By accessing the Website, you state that the following facts are accurate:
- You (1) are at least 18-years old, (2) have reached the age of majority where you live, and (3) have the legal capacity to enter into this agreement.
- All information you provided to the Company is accurate, and you will promptly update this information when necessary to make sure that it remains accurate.
- You own (or have permission to use) your credit card and authorize the Company (or its payment processor) to charge the credit card monthly until you cancel your membership.
- You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity.
- You are familiar with your community’s laws affecting your right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities.
- You have the legal right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities, and the Company has legal right to transmit them to you.
- You are voluntarily requesting adult-oriented materials for your private enjoyment.
- You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of local law.
- You will not share these materials with a minor or otherwise make them available to a minor.
- By accessing the Website, you will have released and discharged the providers, owners, and creators of the Website from all liability that might arise.
- Accessing the Website. The Company may withdraw or amend this Website, and any service or material it provides on the Website, in its sole discretion without notice. The Company will not be liable if, for any reason, any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website.
- Your Account
- Account Creation. You must complete the registration process by providing the Company with accurate information as prompted by the registration form. You must also choose a password and a username.
- Responsibility for Account. You are responsible for maintaining the confidentiality of your password and account. You must not distribute your username or password to others. If you do, this will result in an immediate block or termination of your membership or both. Further, you are responsible for all activities that occur under your account. You will promptly notify the Company of any unauthorized use of your account or any other breach of security.
- Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
- Use of Other Accounts. You must not use anyone else’s account at any time.
- Account Security. The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Intellectual Property Rights
- Ownership. The Company owns and operates the Website. Unless otherwise indicated, all content, information, and other materials on the Website, including the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement of them (collectively, “Materials”) are the property of the Company or its subsidiaries or affiliated companies or third-party licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- License Grant. The Company hereby grants you a limited, nonsublicensable license (i.e., a personal and limited right) to access and use the Website for your personal, non-commercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
- Your computer may temporarily store copies of those Materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
- You may download or stream any Materials to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
- If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company’s end user license agreement for those applications.
- If the Company provides social media features with certain content, you may take those actions as are enabled by those features.
- License Restrictions
- You must not:
- Download any purchased digital content unless authorized by the Company in writing.
- Modify copies of any Materials from the Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from the Website.
- You must not access or use for any commercial purposes any part of the Website or any services or Materials available through the Website.
- If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately, and you must, at the Company’s option, return or destroy any copies of the Materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and the Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
- Trademarks. The Company’s name and logo; the term XOAFTERGLOW; the Website logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the look and feel of the Website, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of the Company or its affiliates or licensors. You must not use those marks in whole or in part in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any way that disparages or discredits the Company, without the Company’s prior written permission. Any use of these trademarks must follow any guidelines that the Company may provide you from time to time. All other trademarks, names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Reference on the Website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation of it by the Company or any other affiliation.
- Prohibited Uses
- You must use the Website only for lawful purposes and under this agreement. You must not use the Website:
- In any way that violates applicable federal, state, local, or international laws or regulations (including any laws regarding the export of data or software to and from the U.S. or other countries).
- To exploit, harm, or to attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the preceding).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as the Company determines, may harm the Company or the Website’s users or expose them to liability.
- Additionally, you must not:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying the Website’s Materials.
- Use any manual process to monitor or copy the Website’s Materials or for any other unauthorized purpose without the Company’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce 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 parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Termination on Notice. Either party may terminate this agreement at any time by notifying the other party in writing. A non-premium user may also terminate this agreement at any time by discontinuing his or her use of the Website.
- Termination by the Company. The Company may suspend, disable, or terminate your access to the Website (or any part of it) for any reason, including if it determines that you have breached this agreement or that your conduct would tend to damage the Company’s reputation and goodwill. If the Company terminates your access, you must not access the Website. The Company may block your email and IP address to prevent further access.
- Effect of Termination. On termination, your right to access the Website and all licenses granted by the Company terminates. Termination of your access to the Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to the Company or any third party. If you have bought a recurring membership, you are solely responsible for making sure that you cancel any recurring billing. To cancel recurring billing, please contact the payment processor you signed up through or email the Company at firstname.lastname@example.org.
- Survival. This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.
- Changes to the Website. The Company may update the Website’s content from time to time, but its content is not necessarily complete or up to date. Any of the Website’s Materials may be out of date at any given time, and the Company is not required to update those Materials.
- Premium Membership, Trial Memberships, Billing, and Cancellation
- Premium Membership
- Ongoing Membership. Your premium membership, which may start with a trial membership, will continue month-to-month (or any longer-term selected) and automatically renew unless you cancel your membership or the Company terminates it. You must have Internet access and provide the Company with a current, valid, accepted method of payment. The Company or its payment processor will bill the membership fee to your chosen payment method. You must cancel your premium membership before it renews each term to avoid billing of the next term’s premium membership fees to your chosen payment method.
- Differing Memberships. The Company may offer several membership plans, including special promotional plans or memberships with differing conditions and limitations. The Company will disclose at signup any different material terms from those described in this agreement.
- Trial Memberships. Your premium membership may start with a trial. The trial period of your premium membership lasts for the period specified at signup. The Company or its payment processor will begin billing your payment method for monthly membership fees at the end of the trial period, and your premium membership will automatically renew each month unless you cancel before the end of the trial period. The Company or its payment processor may authorize your payment method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some cases, your credit card company may reduce your card’s available balance or credit limit to reflect the authorization during your trial period. The Company or its payment processor will continue to bill your payment method monthly for your membership fee until you cancel.
- Recurring Billing. By starting your premium membership, you authorize the Company or its payment processor to charge your payment method the membership fee in effect when you originally signed up and any other applicable charges, such as taxes or possible transaction fees. Your premium membership will continue for the length of the initial term you select, and, at the end of your initial prepaid term, it will automatically renew for additional prepaid periods of the same length at the rates in effect at the time you originally signed up. You must cancel your premium membership before it renews to avoid billing of the next term’s membership fees to your payment method.
- Price Changes. The Company may adjust pricing for its service or any components of it in any way and at any time, as it may determine in its sole discretion. Any price changes will not affect your current membership (including any renewals) unless the Company gives you 30-days prior written notice.
- Billing Cycle. The Company or its payment processor will automatically bill your payment method at the beginning of the initial term of your premium membership and at the beginning of each renewal term until you cancel your premium membership. Membership fees are fully earned on payment.
- Billing Disputes. If you believe that the Company has charged your payment method in error, you must notify the Company in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this period, you waive any disputed charges. You must submit any billing disputes in writing to email@example.com and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments.
- No Refunds. The Company considers all purchases final when made, except that the Company may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist, please email the Company at firstname.lastname@example.org and explain the circumstances that you believe merits a refund. The Company is not making any promise that it will offer a refund. If the Company provides a refund, the Company will issue that refund in the form of a credit to the payment method you used for your purchase. The Company will not make refunds in the form of cash, check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it obligate the Company to provide refunds in the future under any circumstance.
- Cancellation. You may cancel your premium membership at any time, and you will continue to have access to the Website through the end of your membership term. The Company does not provide refunds or credits for any partial-month membership periods. To cancel your premium membership, please contact the payment processor you signed up through or email the Company at email@example.com.
- Geographic Restrictions. The owner of the Website is based in the state of Texas, United States of America. The Company is not making any statement that the Website or its content is accessible or appropriate outside of the United States. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with all local laws.
- Warranty Disclaimers
- You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other harmful material that might infect your computer due to your use of the Website or any services or items obtained through it.
- You use the Website, its content, and any services or items obtained through it at your own risk. The Company provides the Website, its content, and any services or items obtained through it “as is” and “as available.” The Company is not making any warranty, whether express, implied, statutory, or otherwise, including any warranty of merchantability, title, non-infringement, security, and fitness for a particular purpose. The Company is not making any warranty (1) that the Website, its content, or any services or items obtained through it will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through it will otherwise meet your needs or expectations. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
- Limit on Liability; Release
- The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage resulting from your access to and use of the Website or its content;
- Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
- Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to your account, transmissions, or data;
- Interruption or cessation of transmission to or from the Website;
- Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
- Incompatibility between the Website and your other services, hardware, or software;
- Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
- Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
- You hereby release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
- Exclusion of Damages; Exclusive Remedy
- Unless caused by gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or its content. This exclusion applies regardless of the theory of liability and even if you told the Company or it knew or should have known about the possibility of damages.
- The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies regardless of the theory of liability and even if you told the Company or it knew or should have known about the possibility of damages.
- If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. The Company’s maximum liability to you for any claim will not exceed the greater of $100 and the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.
- Scope of Disclaimers, Exclusions, and Limits. The disclaimers, exclusions, and limits stated in sections 13, 14, and 15 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.
- In General. You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (“Indemnified Parties”) for any loss of an Indemnified Party that is caused by any of the following: (a) your access of or conduct on the Website; (b) your breach of this agreement; (c) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (d) your violation of any applicable law; (e) your tortious acts or omissions; or (f) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s intentional misconduct.
- “Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
- A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
- Indemnified Party’s Duty to Notify. The Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
- Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate in good faith on a claim.
- No Exclusivity. The Indemnified Parties’ rights under this section 17 do not affect other rights they might have.
- Governing Law; Place for Resolving Disputes
- Texas law governs all matters arising out of or relating to the Website or this agreement without giving effect to any conflicts of law principles. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
- Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the United States District Court for the Western District of Texas or any state court in Travis County, Texas. Each party hereby submits to the personal jurisdiction of the United States District Court for the Western District of Texas and the state courts in Travis County, Texas, to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
- Alternative Dispute Resolution
- Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of or relating to the Website or this agreement, a party may demand that any such dispute be resolved by arbitration administered by the Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) under its rules available at www.arbresolutions.com, and each party hereby consents to any such dispute being so resolved. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees under section 19.3, and reasonable costs for expert and other witnesses. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the parties’ prior written consent.
- Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section 19 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Website, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
- Recovery of Expenses. In any proceedings between the parties arising out of or relating to the Website or this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section 19.3, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of a settlement, neither party will be the prevailing party in those proceedings.
- Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.
- Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
- Limitation on Time to Bring Claims. A party will not bring a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
- Entire Agreement. This agreement constitutes the entire agreement between you and the Company about your use of the Website. It supersedes all earlier or contemporaneous agreements between you and the Company about access to and use of the Website. Any additional terms on the Website will govern the items to which they pertain.
- Changes. The Company may change this agreement on one or more occasions. The Company will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to ongoing disputes or disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes this agreement, the Company does not assume any obligation to do so, and it is your responsibility to check this page to review the most current agreement frequently. By continuing to use the Website after the Company posts changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact the Company at firstname.lastname@example.org.
- Assignment and Delegation. The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 20.3 is void.
- Waiver. If the Company fails to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
- Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
- Notice to the Company. You may notify the Company by email at email@example.com unless a specific email address is given for providing notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying the Company.
- Notice to You—Electronic Notice. You consent to receive any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Website chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a valid email address for receiving notice.
- Force Majeure. The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
- No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
- Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither party is the agent for the other, and neither party may bind the other on any agreement with a third party.
- Binding Effect. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
- Electronic Communications Not Private. The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
- Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
- Consumer Rights Information—California Residents Only. This section 20.13 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
*By consenting to afterglow’s SMS notifications, you agree to receive automated text notifications and transactional texts, including notifications about new content releases and reminders to complete activities, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.*
*If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.*
*For any questions, please text HELP to the number you received the messages from. You can also contact us at firstname.lastname@example.org for more information.*
*We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.*
*To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.*
13809 Research Blvd., Suite 500
Austin, Texas 78750
Users who want to gain access to the members-only area of the Website must be a member in good standing. The Company posts the current membership fees for the Website on the registration page. The Company may change the membership fees at any time. Users may contact the Company at email@example.com to resolve any billing disputes or to receive further information about the Website.
- Complaints—California Residents Only. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at 512-696-9187.
- Feedback. The Company encourages you to provide feedback about the Website. But the Company will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
- Your Comments and Concerns. You should direct all feedback, comments, requests for technical support, and other communications relating to the Website to firstname.lastname@example.org.