Effective: December 2, 2016
1. YOUR ACCEPTANCE OF THESE TERMS
These Terms contain the terms and conditions that govern your use of and access to our Website and also describe your rights and responsibilities and what you can expect from your use of our Website. By accessing and using our Website, you are accepting these Terms and you may not access or use our Website if you do not accept these Terms. You may only access and use the Website in compliance with these Terms and only if you have the power to form a contract with Aeolidia.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute. Please see Section 10, below, for more information.
2. CHANGES TO THESE TERMS
Aeolidia reserves the right to add, delete, and/or modify any part of these Terms at any time and in its sole discretion by posting a change notice on our Website. In the event of substantive changes to these Terms and if you have provided us with your email address, you may be notified by email of such changes. If any change to these Terms is unacceptable to you, you should immediately cease using the Website. Your continued use of the Website following the posting of a change notice on the Website or via email will constitute your binding acceptance of such changes.
3. ACCESSING THE WEBSITE
3.1 License to You
Aeolidia grants you a limited, revocable, nonexclusive, nontransferable right to access the Website for personal, non-commercial use. Aeolidia and its licensors own and shall retain all rights, title and interest in and to the Website and all modifications and improvements thereto (including any made by or with your participation), and, unless otherwise agreed in writing, all intellectual property rights therein (collectively, “Our Property”). You covenant not to challenge our exclusive ownership of Our Property or directly or indirectly assert any rights inconsistent with our ownership of Our Property.
3.2 License from You
By sending or submitting messages to Aeolidia about the Website, including but not limited to images, suggestions, ideas, or any other feedback you have generated (collectively, the “Feedback”), you automatically grant, and you represent and warrant that you have the right to grant, to Aeolidia an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display, distribute, sublicense, and prepare derivative works of the Feedback.
4. MEMBER REGISTRATION
To obtain access to the members-only portions of the Website, you must register an account with Aeolidia by subscribing to our email newsletter. During registration, you must provide us with your contact information, such as your name and email address. All registration information you supply must be complete and accurate, and you must maintain this information to ensure completeness and accuracy. You may not share your account credentials with anyone, and you alone are responsible for maintaining the confidentiality of your account and its password, and are fully responsible for all activities that occur under your account. You agree to notify us immediately upon discovery of any unauthorized use of your password or account or any other breach of security.
5. PERMISSIBLE USES OF THE WEBSITE
You may only use the Website as expressly permitted by Aeolidia and only for lawful purposes. Furthermore, you agree that you will not do any of the following:
(i) Use any robot, spider, script, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website without our prior written consent;
(ii) Use the Website in any manner that could damage, disable, overburden, disrupt or impair any Aeolidia server, the network(s) connected to any Aeolidia server, or interfere with any other party’s use and enjoyment of the Website;
(iii) Disobey any applicable policies or regulations of networks connected to the Website;
(iv) Modify, adapt, translate or reverse engineer the Website;
(v) Frame or reformat the Website in any way; or
(vi) Register an account with us using any automated means or under false pretenses.
6. WEBSITE PURCHASES
If you elect to purchase any goods through our Website (e.g., an eBook), you agree and acknowledge that such transaction will result in a charge to the credit or debit card you supply to Paypal, Inc. (www.paypal.com) or to the Paypal account you supply during the checkout process. By using the Website to checkout via Paypal’s services, you warrant that your use of the Paypal account information and/or the credit or debit card information is authorized and that all information you provide during the checkout process is true and accurate. There are no refunds for any purchases made through the Website.
7. WARRANTY DISCLAIMER
AEOLIDIA PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. AEOLIDIA DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. AEOLIDIA MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON INFRINGEMENT.
8. LIMITATION OF LIABILITY
AEOLIDIA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE WEBSITE OR THESE TERMS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS EXCEED $100 OR THE AMOUNT DIRECTLY PAID BY YOU TO US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, WHICHEVER IS LESS.
You will indemnify and hold Aeolidia, its directors, officers, employees, agents, and licensors harmless with respect to any damage, loss, expense, suit, or claim, including attorneys’ fees and costs (collectively, a “Claim”) arising out of (i) your breach of these Terms, or (ii) any third party Claim arising out of your misuse of the Service. If you are required to indemnify Aeolidia under this section, Aeolidia will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Aeolidia’ express written permission.
10. DISPUTE RESOLUTION
10.1 Mandatory Arbitration
Neither party will commence an arbitration proceeding pursuant to the provisions set forth below unless that party first gives a written notice (a “Dispute Notice”) to the other party setting forth the nature of the dispute. The parties must attempt in good faith to resolve the dispute through discussions between the parties. If the Dispute has not been resolved as provided above, within sixty (60) days after receipt of the Dispute Notice, or if a party fails to participate in those discussions, then the dispute will be determined by binding arbitration.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. The parties to these Terms agree that the non-prevailing party to any arbitration shall pay any costs related to arbitration, including arbitrators’ fees and administration costs, and reasonable attorney’s fees. Judgment on any award may be entered in any court having jurisdiction.
Notwithstanding the foregoing, claims of infringement or misappropriation of another party’s patent, copyright, trademark, or trade secret shall not be subject to this agreement to arbitrate. Such claims shall be brought exclusively in the state or federal courts of King County, Washington. Additionally, notwithstanding this agreement to arbitrate, the parties shall not be precluded from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
10.2 Class Action Waiver
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND AEOLIDIA SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF AN ACTION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
If you do not wish to be bound by the class action waiver or individual arbitration provisions in this section, you must notify us in writing within 30 days of the date that you accept these Terms, unless otherwise required by law. Your written notification must be sent to Aeolidia, LLC, 7026 5th Avenue N.W., Seattle, WA 98117, or via email at firstname.lastname@example.org with “Arbitration and Class Action Waiver” as the subject line. Your notice must include: (i) your name, (ii) your address, (iii) your email address, and (iv) a clear statement that you do not wish to resolve disputes with Aeolidia through individual arbitration and/or a clear statement that you would like to opt out of the above class action waiver.
If you no longer wish to maintain an account with us, you may delete your account by emailing us at email@example.com or by deleting your account from the accounts settings page while logged in to the Website. Further, Aeolidia may suspend, limit your access to, or terminate your use of the Website at any time, with or without cause, in its sole discretion. Notwithstanding this section, these Terms will survive indefinitely unless and until Aeolidia chooses to terminate these Terms.
All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. Mail or (ii) electronic mail. If you give notice to Aeolidia, you must use the following mailing address: Aeolidia, LLC, 7026 5th Avenue N.W., Seattle, WA 98117; or the following email address: firstname.lastname@example.org.
If Aeolidia provides notice to you, Aeolidia will use the contact information provided by you, as available. All notices will be deemed received as follows: (i) if by delivery by U.S. Mail, three (3) business days after dispatch, (ii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication satisfies such requirement.
13. THIRD PARTY SERVICES
These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Washington, without reference to conflict of law principles. These Terms (including all of the policies and other agreements described in these Terms, which are incorporated herein by this reference) contain all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect. The headings used throughout these Terms are merely descriptive and not operative and have no legal or contractual effect.
15. COMMENTS AND QUESTIONS
If you have any comments or questions about these terms, you may address them to Aeolidia, LLC, 7026 5th Avenue NW, Seattle, WA 98117, or via email at email@example.com.