JOELATHAMCOMEDY.COM
TERMS AND CONDITIONS
Last updated December 08, 2022
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TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. GUIDELINES FOR REVIEWS
8. SUBMISSIONS
9. THIRD-PARTY WEBSITE AND CONTENT
10. SITE MANAGEMENT
11. PRIVACY POLICY
12. TERM AND TERMINATION
13. MODIFICATIONS AND INTERRUPTIONS
14. GOVERNING LAW
15. DISPUTE RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18. LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. USER DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
22. CALIFORNIA USERS AND RESIDENTS
23. MISCELLANEOUS
24. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on
behalf
of an entity (“you”) and Joe Latham Comedy (" Company ," “we," “us," or “our”), concerning
your access to
and use of the https://www.joelathamcomedy.com website as well as any other media form,
media channel,
mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the
“Site”). You agree that by accessing the Site, you have read, understood, and agreed to be
bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to
make changes
or
modifications to these Terms of Use from time to time . We will alert you about any changes
by updating
the
“Last updated” date of these Terms of Use, and you waive any right to receive specific
notice of each such
change. Please ensure that you check the applicable Terms every time you use our Site so
that you
understand
which Terms apply. You will be subject to, and will be deemed to have been made aware of and
to have
accepted, the changes in any revised Terms of Use by your continued use of the Site after
the date such
revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any
person or entity in
any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which
would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those
persons who choose to access the Site from other locations do so on their own initiative and
are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and
Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so
if your
interactions would be subjected to such laws, you may not use this Site. You may not use the
Site in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18
are not
permitted
to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on
the Site
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”)
are owned or controlled by us or licensed to us, and are protected by copyright and
trademark laws and
various other intellectual property rights and unfair competition laws of the United States,
international
copyright laws, and international conventions. The Content and the Marks are provided on the
Site “AS IS”
for your information and personal use only. Except as expressly provided in these Terms of
Use, no part of
the Site and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited
for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access
and use the
Site
and to download or print a copy of any portion of the Content to which you have properly
gained access
solely for your personal, non-commercial use. We reserve all rights not expressly granted to
you in and to
the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you
agree to
comply
with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside;
(3) you will not
access the Site through automated or non-human means, whether through a bot, script, or
otherwise; (4) you
will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site
will not
violate
any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right
to
suspend or terminate your account and refuse any and all current or future use of the Site
(or any portion
thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site
available.
The
Site may not be used in connection with any commercial endeavors except those that are
specifically
endorsed
or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly
or indirectly,
a
collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account
information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site,
including features
that prevent or restrict the use or copying of any Content or enforce limitations on the use
of the Site
and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another
person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material,
including excessive use of capital letters and spamming (continuous posting of repetitive
text), that
interferes with any party's uninterrupted use and enjoyment of the Site or modifies,
impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance of the
Site.
Engage in any automated use of the system, such as using scripts to send comments or
messages, or using
any
data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive
or active
information collection or transmission mechanism, including without limitation, clear
graphics interchange
formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to
the
Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing
any portion of
the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the
Site, or any
portion of the Site.
Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML,
JavaScript, or other
code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
any of the
software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or
distribute any automated system, including without limitation, any spider, robot, cheat
utility, scraper,
or
offline reader that accesses the Site, or using or launching any unauthorized script or
other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses
of users by
electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by
automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the
Content for any
revenue-generating endeavor or commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
5. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the
opportunity to
create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or
on the Site, including but not limited to text, writings, video, audio, photographs,
graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions").
Contributions may
be
viewable by other users of the Site and through third-party websites. As such, any
Contributions you
transmit may be treated in accordance with the Site Privacy Policy. When you create or make
available any
Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing,
downloading,
or
copying of your Contributions do not and will not infringe the proprietary rights, including
but not
limited
to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases,
and
permissions
to use and to authorize us, the Site, and other users of the Site to use your Contributions
in any manner
contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable
individual person
in
your Contributions to use the name or likeness of each and every such identifiable
individual person to
enable inclusion and use of your Contributions in any manner contemplated by the Site and
these Terms of
Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid
schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or
otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person
and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended
to
protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race,
national origin,
gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any
provision of these
Terms
of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result
in, among
other
things, termination or suspension of your rights to use the Site.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that
you provide
following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and
share such
feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of
your
Contributions and any intellectual property rights or other proprietary rights associated
with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by
you
in any area on the Site. You are solely responsible for your Contributions to the Site and
you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal action
against us
regarding your Contributions.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you
must comply
with the following criteria: (1) you should have firsthand experience with the person/entity
being
reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or
hate language;
(3) your reviews should not contain discriminatory references based on religion, race,
gender, national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not
contain
references to illegal activity; (5) you should not be affiliated with competitors if posting
negative
reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may
not post any
false or misleading statements; and (8) you may not organize a campaign encouraging others
to post
reviews,
whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to
screen
reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are
not
endorsed by us, and do not necessarily represent our opinions or the views of any of our
affiliates or
partners. We do not assume liability for any review or for any claims, liabilities, or
losses resulting
from
any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide,
royalty-free,
fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate,
transmit by
any
means, display, perform, and/or distribute all content relating to reviews.
8. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or
other
information
regarding the Site ("Submissions") provided by you to us are non-confidential and shall
become our sole
property. We shall own exclusive rights, including all intellectual property rights, and
shall be entitled
to the unrestricted use and dissemination of these Submissions for any lawful purpose,
commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights
to any such
Submissions, and you hereby warrant that any such Submissions are original with you or that
you have the
right to submit such Submissions. You agree there shall be no recourse against us for any
alleged or
actual
infringement or misappropriation of any proprietary right in your Submissions.
9. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites")
as
well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information,
applications, software, and other content or items belonging to or originating from third
parties
("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not
investigated,
monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not responsible
for any
Third-Party Websites accessed through the Site or any Third-Party Content posted on,
available through, or
installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party
Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites
or any
Third-Party Content does not imply approval or endorsement thereof by us. If you decide to
leave the Site
and access the Third-Party Websites or to use or install any Third-Party Content, you do so
at your own
risk, and you should be aware these Terms of Use no longer govern. You should review the
applicable terms
and policies, including privacy and data gathering practices, of any website to which you
navigate from
the
Site or relating to any applications you use or install from the Site. Any purchases you
make through
Third-Party Websites will be through other websites and from other companies, and we take no
responsibility
whatsoever in relation to such purchases which are exclusively between you and the
applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites
and you shall hold us harmless from any harm caused by your purchase of such products or
services.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to
you relating
to
or resulting in any way from any Third-Party Content or any contact with Third-Party
Websites.
10. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of
Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the
law or these
Terms of Use, including without limitation, reporting such user to law enforcement
authorities; (3) in our
sole discretion and without limitation, refuse, restrict access to, limit the availability
of, or disable
(to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole
discretion and without limitation, notice, or liability, to remove from the Site or
otherwise disable all
files and content that are excessive in size or are in any way burdensome to our systems;
and (5)
otherwise
manage the Site in a manner designed to protect our rights and property and to facilitate
the proper
functioning of the Site.
11. PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by our
Privacy Policy
posted on the Site, which is incorporated into these Terms of Use. Please be advised the
Site is hosted in
the United States. If you access the Site from any other region of the world with laws or
other
requirements
governing personal data collection, use, or disclosure that differ from applicable laws in
the United
States, then through your continued use of the Site, you are transferring your data to the
United States,
and you agree to have your data transferred to and processed in the United States.
12. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY
OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE
OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering
and creating
a
new account under your name, a fake or borrowed name, or the name of any third party, even
if you may be
acting on behalf of the third party. In addition to terminating or suspending your account,
we reserve the
right to take appropriate legal action, including without limitation pursuing civil,
criminal, and
injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for
any reason
at
our sole discretion without notice. However, we have no obligation to update any information
on our Site.
We
also reserve the right to modify or discontinue all or part of the Site without notice at
any time. We
will
not be liable to you or any third party for any modification, price change, suspension, or
discontinuance
of
the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or
other
problems or need to perform maintenance related to the Site, resulting in interruptions,
delays, or
errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify
the Site at any
time or for any reason without notice to you. You agree that we have no liability whatsoever
for any loss,
damage, or inconvenience caused by your inability to access or use the Site during any
downtime or
discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us
to maintain and
support the Site or to supply any corrections, updates, or releases in connection therewith.
14. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with
the laws of
the
State of Florida applicable to agreements made and to be entirely performed within the State
of Florida ,
without regard to its conflict of law principles.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to
these Terms
of
Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us
(individually, a “Party”
and collectively, the “Parties”), the Parties agree to first attempt to negotiate any
Dispute (except
those
Disputes expressly provided below) informally for at least thirty (30) days before
initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those
Disputes expressly excluded below) will be finally and exclusively resolved through binding
arbitration.
YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL.
The
arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the
American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer
Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website:
www.adr.org .
Your
arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules
and,
where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the
arbitrator to be
excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted
in person,
through the submission of documents, by phone, or online. The arbitrator will make a
decision in writing,
but need not provide a statement of reasons unless requested by either Party. The arbitrator
must follow
applicable law, and any award may be challenged if the arbitrator fails to do so. Except
where otherwise
required by the applicable AAA rules or applicable law, the arbitration will take place in
Brevard ,
Florida
. Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the
award entered by
the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or
prosecuted in the state and federal courts located in Brevard , Florida , and the Parties
hereby consent
to,
and waive all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue
and
jurisdiction in such state and federal courts . Application of the United Nations Convention
on Contracts
for the International Sale of Goods and the Uniform Computer Information Transaction Act
(UCITA) is
excluded
from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any
Dispute falling within that portion of this provision found to be illegal or unenforceable,
and such
Dispute
shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually.
To
the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there
is
no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal
negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the
validity of, any of the intellectual property rights of a Party; (b) any Dispute related to,
or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any
claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither
Party will
elect
to arbitrate any Dispute falling within that portion of this provision found to be illegal
or
unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
16. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions,
including descriptions, pricing, availability, and various other information. We reserve the
right to
correct any errors, inaccuracies, or omissions and to change or update the information on
the Site at any
time, without prior notice.
17. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE
AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR
THE CONTENT OF
ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS,
MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE
WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR
THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR
OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,
ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY
TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION
WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST
PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN
ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR
LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE
ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of
our
respective officers, agents, partners, and employees, from and against any loss, damage,
liability, claim,
or demand, including reasonable attorneys' fees and expenses, made by any third party due to
or arising
out
of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your
representations and
warranties set forth in these Terms of Use; (4) your violation of the rights of a third
party, including
but
not limited to intellectual property rights; or (5) any overt harmful act toward any other
user of the
Site
with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right,
at your
expense,
to assume the exclusive defense and control of any matter for which you are required to
indemnify us, and
you agree to cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts
to
notify you of any such claim, action, or proceeding which is subject to this indemnification
upon becoming
aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance
of
the Site, as well as data relating to your use of the Site. Although we perform regular
routine backups of
data, you are solely responsible for all data that you transmit or that relates to any
activity you have
undertaken using the Site. You agree that we shall have no liability to you for any loss or
corruption of
any such data, and you hereby waive any right of action against us arising from any such
loss or
corruption
of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications.
You
consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and
other communications we provide to you electronically, via email and on the Site, satisfy
any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements
under
any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original
signature or delivery or retention of non-electronic records, or to payments or the granting
of credits by
any means other than electronic means.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs in
writing at 1625
North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
(916)
445-1254.
23. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect
to the Site
constitute the entire agreement and understanding between you and us. Our failure to
exercise or enforce
any
right or provision of these Terms of Use shall not operate as a waiver of such right or
provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign any or all of
our rights and
obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any provision or part
of a provision
of
these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or
part of the
provision is deemed severable from these Terms of Use and does not affect the validity and
enforceability
of
any remaining provisions. There is no joint venture, partnership, employment or agency
relationship
created
between you and us as a result of these Terms of Use or use of the Site. You agree that
these Terms of Use
will not be construed against us by virtue of having drafted them. You hereby waive any and
all defenses
you
may have based on the electronic form of these Terms of Use and the lack of signing by the
parties hereto
to
execute these Terms of Use.
24. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information
regarding use of the
Site, please contact us at:
Joe Latham Comedy
contact@joelathamcomedy.com
These terms of use were created using Termly's Terms and Conditions Generator.
