TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ("TERMS") CONSTITUTE A LEGALLY BINDING AGREEMENT GOVERNING YOUR ACCESS TO AND USE OF THE SERVICES PROVIDED. BY ACCESSING, SUBSCRIBING TO, OR OTHERWISE ENGAGING WITH THESE SERVICES IN ANY MANNER WHATSOEVER, YOU EXPLICITLY, KNOWINGLY, AND VOLUNTARILY ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ, FULLY UNDERSTOOD, AND UNCONDITIONALLY AGREE TO BE BOUND BY ALL PROVISIONS, STIPULATIONS, LIMITATIONS, DISCLAIMERS, AND OBLIGATIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.
1. DEFINITIONS & INTERPRETATIONS
"SERVICES" ENCOMPASSES, WITHOUT LIMITATION, ALL DIGITAL CONTENT, AUDIO FILES, VIDEOS, WRITTEN MATERIALS, INTERACTIVE FEATURES, DOWNLOADABLE RESOURCES, STREAMING FUNCTIONALITIES, MEMBERSHIP ACCESS, COMMUNITY PLATFORMS, COMMUNICATIONS, SUPPORT MECHANISMS, AND ANY OTHER OFFERINGS, WHETHER CURRENTLY AVAILABLE OR INTRODUCED IN THE FUTURE, PROVIDED BY THE PROVIDER THROUGH ANY AND ALL CHANNELS, PLATFORMS, OR MEDIUMS.
"PROVIDER" REFERS TO THE ENTITY, INDIVIDUAL, OR AFFILIATED PARTIES RESPONSIBLE FOR OFFERING, MANAGING, MAINTAINING, AND DELIVERING THE SERVICES, INCLUDING ALL REPRESENTATIVES, AGENTS, CONTRACTORS, EMPLOYEES, MODERATORS, AND AUTHORIZED THIRD-PARTY COLLABORATORS.
"USER" OR "YOU" DESIGNATES ANY INDIVIDUAL OR ENTITY THAT ACCESSES, SUBSCRIBES TO, INTERACTS WITH, OR OTHERWISE UTILIZES THE SERVICES IN ANY CAPACITY, WHETHER AS A PAYING SUBSCRIBER, TRIAL PARTICIPANT, OR VISITOR, REGARDLESS OF THE SPECIFIC NATURE, DURATION, OR EXTENT OF SUCH INTERACTION.
"CONTENT" INCLUDES ALL PROPRIETARY, COPYRIGHTED, OR LICENSED MATERIALS PROVIDED THROUGH THE SERVICES, ENCOMPASSING BUT NOT LIMITED TO AUDIO FILES, SCRIPTS, VIDEOS, IMAGES, TEXT, GRAPHICS, SOFTWARE, DATA, AND ANY OTHER INTELLECTUAL PROPERTY OR CREATIVE WORKS MADE AVAILABLE TO USERS.
2. DISCLAIMERS, LIABILITY LIMITATIONS & NO WARRANTIES
THE SERVICES ARE PROVIDED STRICTLY ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, ENTIRELY WITHOUT WARRANTIES, REPRESENTATIONS, GUARANTEES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE PROVIDER HEREBY EXPLICITLY, COMPLETELY, AND IRREVOCABLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, AVAILABILITY, SECURITY, OR UNINTERRUPTED OPERATION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE PROVIDER SHALL NOT, UNDER ANY CIRCUMSTANCES OR LEGAL THEORY, BE HELD LIABLE, RESPONSIBLE, OR ACCOUNTABLE FOR ANY DAMAGES, LOSSES, INJURIES, COSTS, EXPENSES, OR HARM OF ANY NATURE OR KIND WHATSOEVER—INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR STATUTORY DAMAGES; LOST PROFITS; BUSINESS INTERRUPTIONS; DATA LOSS; EMOTIONAL DISTRESS; REPUTATIONAL HARM; OR PERSONAL INJURY—ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE, MISUSE, INABILITY TO USE, OR RELIANCE UPON THE SERVICES, CONTENT, OR ANY INFORMATION, ADVICE, OR RECOMMENDATIONS PROVIDED THEREIN, REGARDLESS OF WHETHER THE PROVIDER HAS BEEN ADVISED, INFORMED, OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
2.1 ASSUMPTION OF RISK
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO RISKS RELATED TO HYPNOTIC CONTENT, PSYCHOLOGICAL EFFECTS, PHYSICAL REACTIONS, EMOTIONAL RESPONSES, TECHNICAL MALFUNCTIONS, DATA BREACHES, THIRD-PARTY INTERACTIONS, OR ANY OTHER FORESEEABLE OR UNFORESEEABLE CONSEQUENCES. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK, DISCRETION, AND RESPONSIBILITY, AND YOU AGREE THAT THE PROVIDER BEARS NO LIABILITY FOR ANY OUTCOMES.
2.2 HYPNOSIS-SPECIFIC DISCLAIMER
THE SERVICES MAY INCLUDE HYPNOTIC, SUGGESTIVE, OR PSYCHOLOGICALLY IMMERSIVE CONTENT DESIGNED TO AFFECT COGNITIVE, EMOTIONAL, OR BEHAVIORAL STATES. YOU EXPRESSLY ACKNOWLEDGE THAT SUCH CONTENT IS PROVIDED FOR ENTERTAINMENT, PERSONAL EXPLORATION, OR CONSENSUAL ADULT USE, AND THAT YOU USE IT AT YOUR OWN RISK. THE PROVIDER MAKES NO GUARANTEES REGARDING EFFICACY, SUITABILITY, OR SAFETY, AND DISCLAIMS LIABILITY FOR ANY PSYCHOLOGICAL, PHYSICAL, OR EMOTIONAL EFFECTS. USERS WITH PRE-EXISTING MENTAL HEALTH CONDITIONS, NEUROLOGICAL DISORDERS, SENSITIVITIES, OR CONCERNS SHOULD CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE ENGAGING WITH THE SERVICES.
2.3 THIRD-PARTY PLATFORMS AND SERVICES
THE SERVICES MAY INTEGRATE WITH, REFERENCE, OR RELY UPON THIRD-PARTY PLATFORMS (INCLUDING BUT NOT LIMITED TO STRIPE, DISCORD, OR OTHER SERVICE PROVIDERS) FOR PAYMENT PROCESSING, COMMUNICATIONS, HOSTING, OR OTHER FUNCTIONALITIES. THE PROVIDER DOES NOT CONTROL, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PLATFORMS, AND YOU AGREE THAT YOUR USE OF SUCH PLATFORMS IS GOVERNED BY THEIR RESPECTIVE TERMS AND POLICIES. THE PROVIDER SHALL NOT BE LIABLE FOR ANY ISSUES, DISRUPTIONS, BREACHES, OR LOSSES ARISING FROM YOUR INTERACTIONS WITH THIRD PARTIES.
2.4 FORCE MAJEURE
THE PROVIDER SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING ITS OBLIGATIONS DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, ACTS OF GOD, WAR, TERRORISM, EPIDEMICS, GOVERNMENT ACTIONS, LABOR STRIKES, INTERNET OUTAGES, CYBERATTACKS, HARDWARE OR SOFTWARE FAILURES, OR OTHER UNFORESEEN EVENTS CONSTITUTING FORCE MAJEURE.
3. NO REFUNDS, AGE VERIFICATION & PROMOTIONAL CODE POLICY
(A) ALL PAYMENTS, SUBSCRIPTIONS, FEES, CHARGES, OR PURCHASES MADE FOR ACCESS TO THE SERVICES ARE STRICTLY AND ABSOLUTELY FINAL, NON-REFUNDABLE, NON-CANCELLABLE, AND NON-TRANSFERABLE UNDER ALL CIRCUMSTANCES, WITHOUT EXCEPTION OR LIMITATION. NO REFUNDS, CREDITS, EXCHANGES, CHARGEBACKS, OR PARTIAL REIMBURSEMENTS SHALL BE PROVIDED, REGARDLESS OF THE REASONS, JUSTIFICATIONS, OR CLAIMS ASSERTED, INCLUDING BUT NOT LIMITED TO DISSATISFACTION, TECHNICAL ISSUES, CHANGES IN PERSONAL CIRCUMSTANCES, OR ANY OTHER GROUNDS WHATSOEVER. ANY ATTEMPT TO DISPUTE, REVERSE, OR CHARGEBACK A TRANSACTION THROUGH FINANCIAL INSTITUTIONS, PAYMENT PROCESSORS, OR OTHER MEANS SHALL CONSTITUTE A MATERIAL BREACH OF THESE TERMS, RESULTING IN IMMEDIATE TERMINATION OF ACCESS, POTENTIAL LEGAL ACTION, AND PURSUIT OF DAMAGES.
ADDITIONALLY, BY ACCEPTING THESE TERMS, USERS EXPLICITLY AGREE THAT THEY SHALL NOT, UNDER ANY CIRCUMSTANCES, INITIATE, REQUEST, OR SUPPORT ANY CHARGEBACKS, PAYMENT REVERSALS, DISPUTES, OR CLAIMS WITH CREDIT CARD COMPANIES, BANKS, PAYMENT PROCESSORS (SUCH AS STRIPE OR PAYPAL), OR OTHER FINANCIAL INSTITUTIONS FOR ANY TRANSACTIONS RELATED TO THE SERVICES. INITIATING SUCH ACTIONS SHALL BE DEEMED A FRAUDULENT ATTEMPT TO OBTAIN SERVICES WITHOUT PAYMENT AND SHALL CONSTITUTE A MATERIAL, INCURABLE BREACH OF THIS AGREEMENT, ENTITLING THE PROVIDER TO: (I) IMMEDIATE AND PERMANENT TERMINATION OF ALL ACCESS AND ACCOUNTS; (II) PURSUIT OF FULL RECOVERY OF ALL DISPUTED AMOUNTS PLUS ADDITIONAL FEES, COSTS, AND PENALTIES; (III) LEGAL ACTION TO RECOVER DAMAGES, ATTORNEYS' FEES, AND COURT COSTS; AND (IV) REPORTING OF FRAUDULENT CONDUCT TO RELEVANT AUTHORITIES AND CREDIT AGENCIES. USERS ACKNOWLEDGE THAT THE PROVIDER RESERVES THE RIGHT TO DEFEND AGAINST ANY CHARGEBACK CLAIMS VIGOROUSLY AND TO SEEK COMPENSATION FOR ANY ASSOCIATED LOSSES, INCLUDING CHARGEBACK FEES AND ADMINISTRATIVE COSTS.
(B) ANY ATTEMPTS, WHETHER SUCCESSFUL OR UNSUCCESSFUL, TO CIRCUMVENT, BYPASS, EVADE, OR OTHERWISE VIOLATE THIS POLICY SHALL CONSTITUTE A MATERIAL, INCURABLE BREACH OF THESE TERMS, RESULTING IN IMMEDIATE, AUTOMATIC TERMINATION OF ACCESS, PERMANENT BLACKLISTING FROM ALL SERVICES, FORFEITURE OF ALL PAYMENTS MADE TO DATE, AND POTENTIAL PURSUIT OF ADDITIONAL LEGAL REMEDIES.
(C) USERS WHO NEGLECT, FAIL, OR OTHERWISE OMIT TO APPLY ANY AVAILABLE PROMOTIONAL CODES, DISCOUNTS, OR COUPONS DURING THE INITIAL TRANSACTION PROCESS HEREBY EXPLICITLY WAIVE, FORFEIT, AND RELINQUISH ANY AND ALL RIGHTS TO SUBSEQUENT PARTIAL REFUNDS, PRICE ADJUSTMENTS, CREDITS, OR RETROACTIVE APPLICATIONS THEREOF, ACKNOWLEDGING AND AGREEING THAT THE PROVIDER'S SYSTEMS, PROCESSES, AND POLICIES DO NOT SUPPORT, ACCOMMODATE, OR PERMIT SUCH RETROACTIVE MODIFICATIONS, WITH ALL RESPONSIBILITY FOR TIMELY APPLICATION RESTING EXCLUSIVELY AND SOLELY WITH THE USER. NO EXCEPTIONS SHALL BE MADE FOR TECHNICAL ISSUES, USER ERROR, OR SUBSEQUENT DISCOVERIES OF PROMOTIONS, AND ALL TRANSACTIONS SHALL STAND AS FINAL WITHOUT ADJUSTMENT.
4. PROMOTIONAL OFFERS, COMMUNICATIONS & MODERATION RESPONSIBILITIES
(A) NO IMPLIED, EXPRESS, OR CONSTRUCTIVE ENTITLEMENT, RIGHT, OR EXPECTATION TO DIRECT, PERSONAL, PRIORITIZED, OR GUARANTEED COMMUNICATION, INTERACTION, RESPONSE TIME, OR AVAILABILITY WITH OR FROM THE PROVIDER'S PERSONNEL, REPRESENTATIVES, MODERATORS, OR AFFILIATES EXISTS UNDER THESE TERMS. THE PROVIDER RETAINS UNILATERAL, ABSOLUTE, AND DISCRETIONARY AUTHORITY TO DETERMINE, LIMIT, OR WITHHOLD COMMUNICATION LEVELS, RESPONSE TIMES, AND ENGAGEMENT EXTENTS AT ANY TIME, WITHOUT NOTICE OR LIABILITY, AND USERS ACKNOWLEDGE THAT ACCESS TO THE SERVICES DOES NOT CONFER ANY ASSURANCE OF PERSONALIZED ATTENTION, DEDICATED SUPPORT, OR ALLOCATION OF THE PROVIDER'S TIME, RESOURCES, OR EFFORTS BEYOND THE BASELINE FUNCTIONALITIES OFFERED, WITH NO REFUNDS OR COMPENSATIONS ARISING FROM PERCEIVED DELAYS, UNRESPONSIVENESS, OR LACK OF AVAILABILITY.
(B) ANY MISUSE, ABUSE, EXPLOITATION, OR UNAUTHORIZED MANIPULATION OF DISCOUNTS, PROMOTIONAL OFFERS, COUPONS, OR INCENTIVE PROGRAMS SHALL CONSTITUTE A MATERIAL BREACH HEREOF, THEREBY GRANTING THE PROVIDER THE IRREVOCABLE RIGHT TO SEEK AND OBTAIN ALL AVAILABLE LEGAL REMEDIES, INCLUDING BUT NOT LIMITED TO COMPENSATORY DAMAGES, INJUNCTIVE RELIEF, SPECIFIC PERFORMANCE, DISGORGEMENT OF PROFITS, AND RECOVERY OF ATTORNEYS' FEES AND COSTS.
(C) ALL STAFF, MODERATORS, REPRESENTATIVES, CONTRACTORS, OR AFFILIATED PARTIES EXPLICITLY AND INDIVIDUALLY ASSUME SOLE, EXCLUSIVE, AND PERSONAL RESPONSIBILITY FOR THEIR OWN ACTIONS, DECISIONS, COMMUNICATIONS, OR CONDUCT RELATED TO THE SERVICES, THEREBY FULLY RELEASING, INDEMNIFYING, AND HOLDING HARMLESS THE PROVIDER FROM ANY AND ALL ASSOCIATED LIABILITIES, CLAIMS, OR CONSEQUENCES ARISING THEREFROM.
4.1 PROHIBITED USER CONDUCT
USERS SHALL NOT, UNDER ANY CIRCUMSTANCES, ENGAGE IN PROHIBITED ACTIVITIES INCLUDING BUT NOT LIMITED TO: (I) ATTEMPTING TO REVERSE-ENGINEER, HACK, OR INTERFERE WITH THE SERVICES; (II) USING THE CONTENT FOR COMMERCIAL, PUBLIC, OR UNAUTHORIZED PURPOSES; (III) TRANSMITTING VIRUSES, SPAM, OR HARMFUL CODE; (IV) HARASSING, IMPERSONATING, OR DEFAMING OTHERS; (V) VIOLATING THIRD-PARTY RIGHTS; OR (VI) ANY CONDUCT THAT, IN THE PROVIDER'S SOLE DISCRETION, UNDERMINES THE INTEGRITY OR OPERATION OF THE SERVICES. VIOLATIONS SHALL RESULT IN IMMEDIATE TERMINATION AND LEGAL PURSUIT WITHOUT WARNING.
5. INTELLECTUAL PROPERTY & USAGE RESTRICTIONS
ALL INTELLECTUAL PROPERTY RIGHTS, TITLES, INTERESTS, AND OWNERSHIP IN AND TO THE CONTENT, SERVICES, TRADEMARKS, COPYRIGHTS, PATENTS, TRADE SECRETS, AND ANY DERIVATIVE WORKS THEREOF REMAIN THE EXCLUSIVE, PERPETUAL, AND INALIENABLE PROPERTY OF THE PROVIDER OR ITS LICENSORS. USERS ARE GRANTED ONLY A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE FOR PERSONAL, NON-COMMERCIAL USE STRICTLY IN ACCORDANCE WITH THESE TERMS, AND ANY UNAUTHORIZED SHARING, DISTRIBUTION, REPRODUCTION, MODIFICATION, COMMERCIALIZATION, OR REDISTRIBUTION OF THE CONTENT SHALL CONSTITUTE A MATERIAL BREACH, WARRANTING IMMEDIATE TERMINATION, INJUNCTIVE RELIEF, STATUTORY DAMAGES, AND EXTENSIVE LEGAL ACTION TO THE FULLEST EXTENT PERMITTED BY LAW. THE PROVIDER MAY, AT ITS DISCRETION, IMPLEMENT DIGITAL RIGHTS MANAGEMENT OR ANTI-PIRACY MEASURES, AND USERS CONSENT TO SUCH WITHOUT OBJECTION.
5.1 COPYRIGHT INFRINGEMENT POLICY
THE PROVIDER RESPECTS INTELLECTUAL PROPERTY RIGHTS AND COMPLIES WITH APPLICABLE COPYRIGHT LAWS, INCLUDING THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) WHERE RELEVANT. IF YOU BELIEVE YOUR COPYRIGHT HAS BEEN INFRINGED, SUBMIT A DETAILED NOTICE TO THE PROVIDER'S DESIGNATED AGENT VIA OFFICIAL CHANNELS, INCLUDING PROOF OF OWNERSHIP AND SPECIFICS OF THE INFRINGEMENT. THE PROVIDER RESERVES THE RIGHT TO REMOVE ALLEGEDLY INFRINGING MATERIAL WITHOUT LIABILITY AND TO TERMINATE REPEAT INFRINGERS.
6. ISP LIMITATIONS & TECHNICAL RISKS
THE PROVIDER HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY, LIABILITY, OR ACCOUNTABILITY FOR LIMITATIONS, RESTRICTIONS, DISRUPTIONS, CONNECTIVITY ISSUES, THROTTLING, OR OTHER INTERFERENCES IMPOSED BY INTERNET SERVICE PROVIDERS, NETWORK CARRIERS, OR THIRD-PARTY INFRASTRUCTURE, AS WELL AS ANY TECHNICAL RISKS, VULNERABILITIES, OR FAILURES INHERENT IN DIGITAL TRANSMISSIONS, WHICH SHALL NOT, UNDER ANY CIRCUMSTANCES, SERVE AS GROUNDS FOR REFUNDS, COMPENSATIONS, CLAIMS, OR DISPUTES.
6.1 PRIVACY AND DATA HANDLING
YOUR USE OF THE SERVICES IS ALSO GOVERNED BY THE PROVIDER'S PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE AND AVAILABLE AT [INSERT LINK OR REFERENCE]. BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE, STORAGE, AND DISCLOSURE OF YOUR DATA AS DESCRIBED THEREIN, INCLUDING THROUGH COOKIES, TRACKING TECHNOLOGIES, AND ANALYTICS FOR OPERATIONAL, MARKETING, AND IMPROVEMENT PURPOSES. THE PROVIDER MAKES NO GUARANTEES REGARDING DATA SECURITY BEYOND REASONABLE EFFORTS, AND USERS ASSUME ALL RISKS OF DATA BREACHES OR UNAUTHORIZED ACCESS.
7. INDEMNIFICATION & LEGAL REMEDIES
EACH USER HEREBY EXPLICITLY, UNCONDITIONALLY, AND IRREVOCABLY AGREES TO FULLY, COMPLETELY, AND PERPETUALLY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PROVIDER AND ALL ASSOCIATED PARTIES AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, LOSSES, LIABILITIES, DAMAGES, COSTS, EXPENSES (INCLUDING REASONABLE LEGAL FEES AND DISBURSEMENTS), OR JUDGMENTS ARISING FROM, RELATED TO, OR IN CONNECTION WITH ANY BREACHES OF THESE TERMS, MISUSE OR UNAUTHORIZED USE OF THE SERVICES, VIOLATIONS OF APPLICABLE LAWS, OR FAILURES TO COMPLY WITH ANY REGULATORY REQUIREMENTS, WITH SUCH INDEMNIFICATION OBLIGATION SURVIVING ANY TERMINATION OR EXPIRATION HEREOF.
7.1 LIMITATION ON RECOVERY OF DAMAGES
NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, USERS ARE HEREBY NOTIFIED THAT, IN THE HIGHLY UNLIKELY AND ENTIRELY HYPOTHETICAL EVENT THAT ANY USER WERE TO SUCCESSFULLY PURSUE, LITIGATE, AND OBTAIN A FINAL, NON-APPEALABLE JUDGMENT AGAINST THE PROVIDER IN ANY COURT OF COMPETENT JURISDICTION FOR ANY CLAIM WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, THE MAXIMUM AGGREGATE RECOVERY AVAILABLE TO SUCH USER SHALL BE STRICTLY LIMITED TO THE TRANSFER OF OWNERSHIP, CUSTODY, AND CARE OF ONE (1) CANINE, SPECIFICALLY DANTE SCOTT, A PUPPY OF MISCHIEVOUS DISPOSITION AND QUESTIONABLE BEHAVIOR, WHO SHALL CONSTITUTE THE ENTIRETY OF AVAILABLE ASSETS FOR SETTLEMENT PURPOSES. USERS ACKNOWLEDGE THAT DANTE SCOTT COMES WITH NO WARRANTIES AS TO TEMPERAMENT, TRAINING, OR COMPLIANCE WITH HOUSEHOLD RULES, AND THAT ASSUMPTION OF RESPONSIBILITY FOR SAID PUPPY'S ANTICS, CHAOS, AND GENERAL BART SIMPSON-ESQUE TENDENCIES SHALL BE DEEMED FULL AND COMPLETE SATISFACTION OF ANY AND ALL JUDGMENTS. NO MONETARY DAMAGES, REFUNDS, CREDITS, OR ALTERNATIVE FORMS OF COMPENSATION SHALL BE AVAILABLE BEYOND THIS SINGULAR REMEDIAL MEASURE.
8. DISPUTE RESOLUTION, ARBITRATION & CLASS ACTION WAIVER
ANY AND ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE RELATIONSHIP BETWEEN THE USER AND PROVIDER SHALL BE EXCLUSIVELY AND FINALLY RESOLVED THROUGH BINDING, CONFIDENTIAL ARBITRATION ADMINISTERED BY AN ARBITRAL BODY SELECTED SOLELY BY THE PROVIDER, CONDUCTED IN JURISDICTIONS CHOSEN AT THE PROVIDER'S DISCRETION, UNDER RULES AND PROCEDURES DETERMINED THEREBY. USERS HEREBY EXPLICITLY, KNOWINGLY, AND IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN, INITIATE, OR BE REPRESENTED IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS, ARBITRATIONS, OR PROCEEDINGS, AGREEING TO RESOLVE DISPUTES SOLELY ON AN INDIVIDUAL BASIS.
9. TERMS MODIFICATION & IMMEDIATE TERMINATION RIGHTS
THE PROVIDER RESERVES THE ABSOLUTE, UNILATERAL, AND UNQUALIFIED RIGHT TO MODIFY, AMEND, SUPPLEMENT, OR REVISE THESE TERMS AT ANY TIME, WITHOUT PRIOR NOTICE, BY POSTING UPDATED VERSIONS ON THE SERVICES, WITH CONTINUED USE CONSTITUTING ACCEPTANCE THEREOF. ADDITIONALLY, THE PROVIDER MAY TERMINATE, SUSPEND, OR RESTRICT USER ACCESS IMMEDIATELY AND WITHOUT NOTICE FOR ANY VIOLATIONS, SUSPECTED VIOLATIONS, OR AT ITS SOLE DISCRETION, WITHOUT ANY LIABILITY OR OBLIGATION TO REFUND OR COMPENSATE.
10. ENTIRE AGREEMENT & CONTROLLING LANGUAGE
THESE TERMS, TOGETHER WITH ANY INCORPORATED DOCUMENTS, CONSTITUTE THE ENTIRE, INTEGRATED, AND BINDING AGREEMENT BETWEEN THE PARTIES, SUPERSEDING, NULLIFYING, AND REPLACING ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS, NEGOTIATIONS, OR DISCUSSIONS, WHETHER ORAL OR WRITTEN. THE ENGLISH LANGUAGE VERSION OF THESE TERMS SHALL EXCLUSIVELY CONTROL, GOVERN, AND PREVAIL IN ALL INTERPRETATIONS, CONSTRUCTIONS, OR ENFORCEMENTS, NOTWITHSTANDING ANY TRANSLATIONS PROVIDED FOR CONVENIENCE.
10.1 GOVERNING LAW AND JURISDICTION
THESE TERMS SHALL BE GOVERNED BY, CONSTRUED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF [INSERT JURISDICTION, E.G., ENGLAND AND WALES], WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. ANY LEGAL ACTIONS OR PROCEEDINGS NOT SUBJECT TO ARBITRATION SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS LOCATED WITHIN [INSERT LOCATION, E.G., LONDON, ENGLAND], AND USERS CONSENT TO THE PERSONAL JURISDICTION AND VENUE THEREOF.
10.2 NO WAIVER
NO FAILURE OR DELAY BY THE PROVIDER IN EXERCISING ANY RIGHT, POWER, OR REMEDY UNDER THESE TERMS SHALL OPERATE AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE PRECLUDE ANY OTHER OR FURTHER EXERCISE OF THE SAME OR ANY OTHER RIGHT, POWER, OR REMEDY.
10.3 ASSIGNMENT
THE PROVIDER MAY ASSIGN, TRANSFER, OR DELEGATE ANY OF ITS RIGHTS OR OBLIGATIONS UNDER THESE TERMS TO ANY THIRD PARTY WITHOUT NOTICE OR CONSENT. USERS MAY NOT ASSIGN, TRANSFER, OR DELEGATE ANY RIGHTS OR OBLIGATIONS HEREUNDER WITHOUT THE PROVIDER'S PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD AT ITS SOLE DISCRETION.
10.4 ELECTRONIC COMMUNICATIONS AND NOTICES
BY USING THE SERVICES, USERS CONSENT TO RECEIVING ALL COMMUNICATIONS, NOTICES, AND DISCLOSURES ELECTRONICALLY VIA EMAIL, IN-APP NOTIFICATIONS, OR POSTINGS ON THE SERVICES, WHICH SHALL SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING. USERS ARE RESPONSIBLE FOR MAINTAINING VALID CONTACT INFORMATION AND CHECKING FOR UPDATES.
11. CONTACT INFORMATION & LEGAL NOTICES
ALL INQUIRIES, NOTICES, COMMUNICATIONS, OR LEGAL PROCESSES MUST BE DIRECTED EXCLUSIVELY THROUGH THE PROVIDER'S DESIGNATED OFFICIAL COMMUNICATION CHANNELS AS SPECIFIED ON THE SERVICES, WITH ANY ALTERNATIVE METHODS DEEMED INVALID AND INEFFECTIVE.
12. SURVIVAL & SEVERABILITY
ALL PROVISIONS OF THESE TERMS THAT, BY THEIR NATURE OR EXPRESS INTENT, ARE DESIGNED OR INTENDED TO SURVIVE TERMINATION, EXPIRATION, OR CESSATION OF THE AGREEMENT—INCLUDING BUT NOT LIMITED TO DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATIONS, INTELLECTUAL PROPERTY RIGHTS, AND DISPUTE RESOLUTION CLAUSES—SHALL REMAIN IN FULL FORCE AND EFFECT INDEFINITELY. IF ANY PROVISION HEREOF IS FOUND, HELD, OR DEEMED UNENFORCEABLE, INVALID, OR VOID BY A COURT OR TRIBUNAL OF COMPETENT JURISDICTION, THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT, WITH THE UNENFORCEABLE PORTION SEVERED OR REFORMED TO THE MINIMUM EXTENT NECESSARY TO ACHIEVE VALIDITY.