Last Updated: March 4, 2025
1. Introduction.
Welcome to Blue Star Imaging (“BSI,” “Site,” or “it”), a Web-based software toolset operated by Blue Star Imaging, LP (“Provider”). This page explains the terms by which you may use our online services, website, and software and any other content provided on or in connection with the service (collectively the “Service” or “Services”).
By accessing or using the Service, you signify that you have read, understood, and agreed to be bound by this Terms of Use Agreement (“Agreement”), and to the collection and use of your information as set forth in the Site’s privacy policies, each of which shall be considered part of this Agreement, whether or not you are a registered user of our Service. The Provider may modify these terms and will provide notice of such changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
The Provider may acquire, merge, or create a parent of subsidiary company in the future (“New Provider Entity”) before this Agreement is updated. If that occurs, you hereby agree that any New Provider Entity is also covered by the terms and conditions set forth in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
2. Use of Our Service.
2A. Eligibility.
This is a contract between you and the Provider. You must read and agree to these terms before using any of the Site Services. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with the Provider, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is governed by the Site’s Children’s Privacy Policy (Users Under 13). The Service is not available to any Users previously removed from the Service by the Provider.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal use only and as permitted by the features of the Site Service. The Provider reserves all rights not expressly granted herein in the Services and the Site Content (as defined below). The Provider may terminate this license at any time for any reason or for no reason.
The Provider may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by the Provider in our sole discretion. The Provider reserves the right to determine the form and means of providing notifications to its’ Users, provided that you may opt out of certain means of notification as described in this Agreement. The Provider is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Provider may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will provide you with reasonable notice and update the ‘last modified’ date at the top of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
2B. User Accounts.
Your Site account, patient portal account, and/or profile (collectively, “Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.
If you are a coach or employee of a university or other institution, you agree that you will only open an Accounton behalf of such university, institution, company, organization, or other entity, and (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. In the event the coach or employee with the foregoing authorization leaves the institution that (s)he created such account for, it shall be the institution’s responsibility to transfer control of such account to another coach or employee and the institution will have thirty (30) days to complete such transfer, including transfer of control of any data or User Content (as defined below) that has previously been created or uploaded by such User.
You may never use another User’s Account without permission. When creating your Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Account. You understand that your Account is intended to be used only by individuals who wish to use the services and functionality that the Account provides in connection with their health and well-being. You understand that some communication through the Account will be regarding your own health care needs and treatment. You understand that asking for clinical advice on behalf of another person has the potential to cause injury or harm and is a violation of these terms and conditions which may result in termination of your access to the Account. To that end, Provider does not assume any liability whatsoever for any health information or advice used by persons other than the User, which is the person that is logging in to the Account to access health records.
You understand that electronic secure messaging via your Account is configured such that you are not able to initiate a conversation with Provider staff. You are however able to respond to certain messages the Provider healthcare team sends to you electronically via your Account. You agree that you will not use the secure message feature to misrepresent your identity, interfere, abuse, intimidate, harass, or stalk any other user(s) of the Site. You understand that messages you receive may contain important information vital to your health, medical care and well-being and understand that it is your responsibility to monitor these messages. You agree not to hold Provider liable for any losses, injury or claims of any kind resulting from your failure to read electronic messages sent to you in a timely manner. Messages sent electronically between you and the Provider team are not guaranteed to take place, in real-time; therefore, no attempts should be made by you to send any communication electronically to Provider requiring immediate or prompt attention. Provider will make every best attempt to provide you with a timely response to electronic inquiries made from your Account. The typical response time Provider strives for is up to three (3) business days.
You must keep your Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your Account. You must notify the Provider immediately of any breach of security or unauthorized use of your Account. The Provider will not be liable for any losses caused by any unauthorized use of your Account.
You may control your User Account and how you interact within the Services by changing the settings on your settings page. By providing your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt-out of Service-related emails. We may also use your email address to send you other messages, such as special offers. If you do not want to receive such non-Service-related email messages, you may opt out. Opting out may prevent you from receiving email messages regarding special offers.
2C. Service Rules.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Site servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that the Provider grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, malicious code, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
3. User Content.
3A. Your Content Related Responsibilities.
Some Site Services allow Users to post or provide content such as profile information, videos, images, music, comments, questions, User Data (as defined below) and other content or information (any such materials a User provides, submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, respond to, and/or share your User Content in accordance with your settings and this Agreement. The Provider has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to provide User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school, governing body or other applicable policy, including those related to cheating or ethics or recruiting. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, or otherwise have all rights necessary to use such music and grant the license to such music as anticipated below, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content.
The Provider reserves the right, but is not obligated, to reject and/or remove any User Content, including, without limitation, any User Content that the Provider believes, in its sole discretion, violates any of these provisions, any User Content that the Provider believes was obtained without the proper permissions and consents, as warranted by you below, or in response to a request by another User or third party or parent or guardian of another User or third party. You understand that publishing your User Content on or through the Site Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means any and all intellectual property and proprietary rights anywhere in the world, including all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant that you have the consent of each and every identifiable natural person in the User Content, if any, to use such person’s name, information or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
You have obtained and are solely responsible for obtaining all consents as may be required by law to provide any User Content relating to third parties. Your User Content, the Provider’s and other Users’ use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
The Provider may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all of your User Content and other information that you provide to us is truthful and accurate.
The Provider takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for your User Content and the consequences of providing it, publishing it, sharing it, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Provider shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
3B. License Grant to User Content.
By providing or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to the Provider a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services, any treatment, payment or other healthcare operations purposes (consistent with applicable law), the Site’s (and its successors’ and affiliates’) businesses, and as otherwise permitted under this Agreement, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You expressly acknowledge our broad rights and the rights of our partners to use your data as permitted under the Privacy Policy. You also hereby grant each User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under this Agreement.
4. User Data.
4A. Your Data Related Responsibilities.
Certain aspects of the Services allow Users to provide the Site with data or access to other data sources (whether online or otherwise) (“User Data”). In connection with User Data, as of the date you accepted this Agreement and throughout the term of this Agreement, you represent, warrant and agree that: (i) you have obtained such User Data lawfully, and such User Data does not and will not violate any applicable laws or a third party’s proprietary or intellectual property rights; (ii) you shall not provide any User Data or content that contains bank account information, credit or debit card information, personal information collected from children under 13 without the Parent’s consent, social security numbers, or health or medical information, except in designated areas of the Service, such as your Account, which permit the receipt of such sensitive data elements. Such data may not be submitted or stored by the Provider without the Provider’s explicit consent, and the Provider reserves the right to delete or anonymize such data if discovered stored in an unauthorized location within the Service. You are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to your User Data that you share with us for the provision of Services under this Agreement. We may exercise the rights to your User Data granted under this Agreement without liability or cost to any third party.
4B. License Grant to User Data.
By submitting such User Data, or providing the Site with access to such User Data, you expressly grant, and you represent and warrant that you have all rights necessary to grant, all right and licenses to the User Data required for us and our subcontractors and service providers to provide the Services and otherwise use User Data as permitted under this Agreement, including, without limitation, our consultative services such as the reconciliation of data from multiple sources. You acknowledge and agree that we may collect, analyze and use User Data, including data that has been anonymized, aggregated or derived from User Data, as well as data about your access and use of our Services, for the purpose of providing, operating, analyzing, and improving our Services.
5. The Provider’s Proprietary Rights.
5A. Site Content.
Except for your User Content and your User Data, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (“Site Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Provider and its licensors (including other Users who provide User Content through the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Site Content. Use of Site Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
The presentation of any Site Content, including content within your Account, does not necessarily establish a provider-patient relationship between you and Provider (or any of its individual medical providers) and is not intended as a solicitation of individuals to become patients or clients of Providers (or any of its individual medical providers). The foregoing does not apply to the extent that you are using your Account to communicate with an individual medical provider with whom you have an existing medical provider-patient relationship. In the event you have established a relationship, Provider will not be held liable or responsible in any way for any injury resulting therefrom, or any injury that may result from unfulfilled appointments, through cancellation or otherwise.
5B. Site Property.
The Services contains additional data, information, and other content not owned by you, such as reputational or status indicators and/or fictional property representing virtual progress or achievements within the Services (“Site Property”). You understand and agree that, regardless of terminology used, Site Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at the Provider’s sole discretion. Site Property is not redeemable for any sum of money or monetary value from the Provider at any time. You acknowledge that you do not own the Account you use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of the Provider or on the Provider’s servers, including without limitation any data representing or embodying any or all Site Property. You agree that the Provider has the absolute right to manage, regulate, control, modify and/or eliminate Site Property as it sees fit in its sole discretion, in any general or specific case, and that the Provider will have no liability to you based on its exercise of such right.
All data on the Provider’s servers are subject to deletion, alteration, or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on the Provider’s servers, may be deleted, altered, moved or transferred at any time for any reason in Provider’s sole discretion, with or without notice and with no liability of any kind. The Provider does not provide or guarantee, and you expressly disclaim, any value, cash or otherwise, attributed to your user content and user data residing on the Provider’s servers.
6. User Submissions.
6A. Ideas about Services’ Improvements.
You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Provider under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. Please do not include any ideas that these Terms of Use will not permit the Provider to accept or consider.
You further acknowledge that, by acceptance of your submission, the Provider does not waive any rights to use similar or related ideas previously known to the Provider, or developed by its employees, or obtained from sources other than you.
7. No Professional Advice.
If a Service provides professional information (for example, legal, medical or compliance advice), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Services. You understand that the Site nor your Account is meant to be used in the case of an emergency nor does it constitute medical diagnosis or opinion. For all matters requiring urgent care which you believe may negatively impact your health or well-being, you understand that you must call 911, proceed to the emergency department, or your medical provider. You agree that under no circumstances should you attempt self-treatment based on anything you have seen or read on your Account or the Site. Additionally, the general Site Content, including content within your Account, is NOT considered medical advice or treatment rendered and is not intended in any way to be a substitute for direct patient care. In more specific terms, the Site Content, including content within your Account, is not intended for use in the diagnosis, cure, treatment, or prevention of any disease and must never be relied on to make medical or clinical decisions regarding your care. The interpretation of your diagnostic imaging is provided in report form to your medical provider. Always seek the advice of your medical provider or other qualified healthcare professional who is properly licensed to practice medicine or provide healthcare to advise you on any questions you may have regarding this report, or any information obtained from the Site and any medical condition you believe may be relevant to you. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site, in your Account, or any other website. Always consult with your medical provider or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Site or through your Account is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. You should always seek a direct, in-person appointment with your medical provider to assess any health-related concerns so a proper diagnosis and treatment can be formulated and administered.
8. Termination.
You may terminate this Agreement at any time by taking the necessary steps to close your Account and discontinue all use of the Services. We may, without prior notice, take the following steps: (i) change the Service; (ii) stop providing the Service or features of the Service, to you or to Users generally; or (iii) create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. You agree that we will not be liable to you or any other party for any termination of your access to the Services or deletion of your account or your submission materials.
In the event of termination, however, those Sections in this Agreement which, by their nature, survive termination of the Agreement shall so survive. Specifically, and without limitation, the license you have granted to the Provider and to third parties to use any User Content and User Data survives termination of this Agreement. Termination of this Agreement for any reason shall not entitle you to a refund under any circumstances. Upon termination of this Agreement for any reason, you shall make no further use of the Services whatsoever.
9. Privacy.
The Provider cares about the privacy of its Users. You understand that by using the Services, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy(ies), available at www.bluestarimaging.com and to have your personally identifiable information collected, used, transferred to and processed in the United States.
10. Security.
The Provider cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. Third-Party Links & Information.
The Services may contain links to third-party materials that are not owned or controlled by the Provider. The Provider does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement, including the Site’s Privacy Policy(ies), do not apply to your use of such sites. You expressly relieve the Provider from any and all liability arising from your use of any third-party website, service, or content, including, without limitation, User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found through the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Provider shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
12. Indemnity.
You agree to defend, indemnify and hold harmless the Provider, and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
13. No Warranty.
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from the Site, including from your Account, or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Provider, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and/or the Services. The Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Service may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of the Provider, access to the Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, the Provider shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. You agree that the Provider shall not be liable for any damages arising from any such interruption, suspension or termination of the Service and that you shall put in place contingency plans to account for such periodic interruptions or suspensions of the Service.
The Provider does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website or service, and the Provider will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
14. Limitation of Liability.
To the maximum extent permitted by applicable law, in no event shall the Provider, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will the Provider be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your Account or the information contained therein.
To the maximum extent permitted by applicable law, the Provider assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of Site Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any Site Content or for any loss or damage incurred as a result of the use of any Site Content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall the Provider, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Provider hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Provider has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
15. Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
15A. Governing Law.
You agree that: (i) the Services shall be deemed solely based in Texas; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree to submit to the personal jurisdiction of the federal and state courts located in Frisco, Collin County, Texas for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Frisco, Collin County, Texas is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
15B. Arbitration.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE SITE.
For any dispute with the Provider, you agree to first contact us at DMCAgroup@dallascowboys.net and attempt to resolve the dispute with us informally. In the unlikely event that the Provider is not able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Frisco, Collin County, Texas, unless you and the Provider agree otherwise.
If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing the Provider from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
15C. Class Action/Jury Trial Waiver.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO WAIVE THEIR RIGHTS TO CLASS ACTION LAWSUITS AND JURY TRIALS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE SITE.
With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and the Provider are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
16. Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Provider without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
17. Severability.
This Agreement and the Site Privacy Policy(ies), together with any amendments and any additional agreements you may enter into with the Provider in connection with the Services, shall constitute the entire agreement between you and the Provider concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. In the event of any conflict between this Agreement and any separate agreement(s) you may enter into with the Provider in connection with the Services, the terms of such separate agreement(s) shall govern.
18. No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Provider’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
19. Contact.
Please contact us at DMCAgroup@dallascowboys.net with any questions regarding this Agreement.