By accessing or using the Service, you agree to be bound by the Terms and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Service. The materials contained in the Service are protected by applicable copyright and trademark law.
These terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes in certain circumstances, rather than jury trials or class action lawsuits. View these terms here.
We may require that you create an account to use certain features of the Service in which case we may require that you provide registration information such as a username and password to access and utilize your account. You are responsible for all activities that occur under your username and password.
The Service, and the design, text, graphics, images, video, information, applications, tools, software, and other content contained therein (excluding any User Content), and the arrangement thereof, including the Erticulate company name and logo and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorship, know-how, publicity rights, trademarks, trade-dress, and trade secrets (collectively, "Erticulate Content"), and all intellectual property and proprietary rights related thereto, are as between you and Erticulate, the sole property of Erticulate. All rights in Erticulate Content not expressly granted in these Terms are reserved by Erticulate.
Without the prior written consent of Erticulate, you shall not (i) use any Erticulate name, trademark or other branding element in any advertising, publicity or in any other commercial manner, (ii) use any meta tags or any other "hidden text" utilizing any Erticulate name or branding element, (iii) use the Erticulate domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address, or (iv) reproduce (except solely as required for you to use the Service for its intended purposes), alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Erticulate Content.
The materials on the Service are provided "as is". Erticulate makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Erticulate does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or Mobile App or otherwise relating to such materials or on any sites linked to the Service.
In no event shall Erticulate or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption, or any special, punitive, indirect, consequential or incidental damages) arising out of the use or inability to use the materials on Erticulate's Service, even if Erticulate or a Erticulate authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on the Service could include technical, typographical, or photographic errors. Erticulate does not warrant that any of the materials on its Service are accurate, complete, or current. Erticulate may make changes to the materials contained on its Service at any time without notice. Erticulate does not, however, make any commitment to update the materials.
Use of the Service is void where prohibited by law or otherwise. You must be at least 13 to use the Service. For children under 13, Erticulate will require parental consent and offer a limited feature set and website experience.
Erticulate has not reviewed all of the sites linked to the Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Erticulate of the site. Use of any such linked web site is at the user's own risk.
You have the option to buy a premium subscription for additional functionality. By purchasing a premium subscription, you acknowledge and agree that:
By use of the Service, you consent to receive electronic communications from Erticulate (via email or via a posting on the Service), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Erticulate may communicate any notices to you under these Terms through electronic mail, regular mail or posting the notices on the Service. All notices to Erticulate must be provided by either sending: (i) an email to legal@Erticulate.com; or (ii) a letter, first class certified mail, to Erticulate LLC, Attention: Legal at firstname.lastname@example.org. Such notices will be deemed delivered upon receipt.
These Terms, and any claim, cause of action or dispute ("claim") arising out of or related to these Terms shall be governed by the laws of the state of Delaware regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Erticulate’s right to seek injunctive relief as set forth below.
If you do not want to arbitrate disputes with Erticulate and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@Erticulate.com within 30 days of the day you first access or use the Service.
If you intend to seek arbitration you must first send written notice to Erticulate of your intent to arbitrate ("Notice"). The Notice to Erticulate should be sent by any of the following means: (i) electronic mail to legal@Erticulate.com; or (ii) sending the Notice by U.S. Postal Service certified mail to Erticulate LLC., email@example.com, Attention: Legal. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association ("AAA") under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Erticulate may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND ERTICULATE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND ERTICULATE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Erticulate agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Philadelphia, Pennsylvania, and you and Erticulate each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Erticulate shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.