Terms of ServiceWhat you need to know about using our site
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND
These Terms of Service (“Terms”) govern your use of the
BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.
You must be at least 18 years old (or the legal age of majority where you reside) to use the Site or the Services.
2. Additional Terms
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
3. Your Account and Subscription Services
Some features of our Site and Services (“Subscription Services”) require you to register for and create an account with us and/or to pay certain subscription fees or costs (“Fees”). If you order Subscription Services, your access to and use of the Subscription Services, including your payments, if any, will be governed by these Terms and any applicable subscription order terms.
4. Subscription Services Term and Automatic Renewal
The initial term of your Subscription Services will last for one month (“Initial Term”), and will automatically renew for successive one-month terms (each a “Renewal Term”), unless you provide us with written notice of an intent not to renew at least fifteen (15) days prior to the end of the then-current Term. Your payment for the Fees for each upcoming Renewal Term will be processed and you will be charged, on the effective date of that new Renewal Term. You will have the option to store your billing information in your account, including multiple billing options, and to manage which billing method we use to charge you for Fees. You can manually change your billing information or cancel your automatic renewal at any time by managing your account preferences.
If all payment methods we have on file for you are declined for payment of your Fees, you have thirty (30) days to provide us a new payment method or your Subscription Services will be
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION SERVICES WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE FEES AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
5. Payment Terms
When you use the Site and Services as a paying customer, and/or when you purchase Subscription Services, you will be asked to provide certain financial information, including but not limited to credit card information, bank account number, routing number, payment address, or other payment account information (“Financial Data”). You must provide this Financial Data to
You represent and warrant that you have the right to authorize us to charge the Funding Account for payments you initiate. You will indemnify and hold
All Fees are payable in U.S. dollars in advance and include all applicable taxes. Sales tax will be included as required by law. All Fees are nonrefundable and there are no refunds or credits for partially-used periods.
6. Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:
violate any law or regulation;
violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
stalk, harass, or harm another individual;
impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
use any means to scrape or crawl any Web pages contained in the Site;
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
attempt to decipher, decompile, disassemble, or
advocate, encourage, or assist any third party in doing any of the foregoing.
7. User Content
The Site and some of our Services allow you to upload, submit, store, send, or receive content and data (“User Content”). Users may have the ability to post, share, pitch, promote, and advertise personal profile information and related content that can be viewed by third parties (“Postings”). The Postings are User Content.
We do not and will not address content rights, use, and ownership issues for you and have no obligation to become involved in any dispute between or among users related to or arising from a Posting or your User Content. We may disclose information relating to your use of the Site and Services (including your User Content and Postings) to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders, warrants, and subpoenas). Please see the “Third Party Content and Interactions” Section of these Terms for more information.
You promise that:
you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above;
your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; and
by giving us the rights described above you are not violating any agreement with others, including non-disclosure or confidentiality agreements.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason.
8. Intellectual Property Rights
Except for User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Our Marks”). The Site and Services, Our Content, and Our Marks are all protected under
11. Third Party Content and Interactions
The Site and Services contain features and functionalities that link you or provide you with access to third party content that is completely independent of
hereby release Worthyy and its affiliates, and their officers, employees, directors, shareholders, agents, and successors (“Affiliates”) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
12. Changes to the Site or Services
We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.
We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access their account, Subscription Services, or the Site or Services, in whole or in part, at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
14. Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WORTHYY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE EXTENT PERMITTED BY LAW,
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
You agree to indemnify and hold harmless
16. Arbitration Agreement & Waiver of Certain Rights
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation,
This arbitration agreement does not preclude you or
Neither you nor
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the Terms. This Section of the Terms will survive the termination of your relationship with
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR