Terms and Conditions of Website Use and Polling Links

Effective Date - February 4, 2008.

RULES OF THE POLLING GROUNDS (“Agreement”)

Welcome to Bullitics.com! This “Site” is brought to you by Auctoritas Labs, Inc. (“ALI”). Each time you access or use this Site and any service or code offered through the Site, you represent and warrant that you have read, understand and agree to abide by the following terms and conditions (“Terms”) of this Agreement.

We may change these Terms time to time without prior notice to you, so when check back periodically, look for the latest version (see the “Effective Date” above), which will apply immediately upon posting.

This Site is administered from within the United States and is intended for use by persons residing lawfully in the U.S. who are 18 years of age and older. If you are not 18 years of age or older, please do not access and use this Site.

Wherever you are located, you are solely responsible for compliance with any local laws applicable to your access and use of this Site from your location.

Other terms:Certain features and services accessible through this site may be governed by separate or additional terms and conditions, such as the sale of goods and services and promotional contests, games and sweepstakes. By accessing, using or otherwise participating in any such features and services, you agree to be bound by the applicable terms and conditions as posted or otherwise provided in connection with the features and services, including those of third party service providers.

REGISTRATION TO BE YOUR OWN POLLSTER, ETC.

To use certain features and services of this Site, you may need to register and/or log-on or create an account providing your own name, unique user name, password, email address and other information (“Registration Information”). When submitting Registration Information, you agree to:

  • Provide a user name that is personal to you and not a known user name of another person;
  • Provide current, accurate and complete Registration Information;
  • Keep your Registration Information current and accurate;
  • Keep your password to yourself and not share it with anyone else except as may be expressly allowed by us in these Terms or any membership or account;
  • Accept full responsibility for any and all use of your account;
  • Immediately notify us of any disclosure or use of your user name or password that is not authorized by these Terms Conditions and to change your password to stop any such further use;
  • NOT register for more than one account;
  • NOT create member accounts by any automated means, which are hereby expressly prohibited;
  • NOT use an account for any purpose other than the purpose for which it was created and intended to be used by ALI;
  • NOT use an account for any unlawful purpose; and
  • NOT use an account for any commercial purpose except as may be expressly permitted by these Terms.

PRIVACY POLICY

ALI respects the privacy of Site users and members. Please see our to learn more about our privacy policy and practices. By accessing or using this Site, you consent to the transfer and processing of your personal information in the United States. By registering with this Site, you agree to our use of your personal contact information and email address to contact you regarding your use of the Site and Site features and services.

LIMITED LICENSES

Site: Subject to your compliance with these Terms, we grant to you a personal, non-transferable, limited, non-exclusive, revocable license to access and use the Site for the purposes for which the Site is intended to be offered by ALI and for no other purposes. You may not use the Site or the Site content except for the purposes intended by ALI, as determined by it in its sole discretion.

Polling Code Links: Subject to your compliance with these Terms, we grant to you a personal, non-transferable, limited, non-exclusive, revocable, royalty-free license to copy, insert and use on your website or blog the HTML polling code as offered from time to time by ALI on the Site for non-commercial educational or entertainment polling purposes only and for no other purposes. You may not modify or create derivatives of the ALI HTML polling codes without the prior written consent of ALI.

You may not sublicense this agreement or sublicense any right granted to you under these Terms. In connection with the exercise of the limited license granted to you herein, you may view, copy, store, and print portions of the Site content for your personal and non-commercial, educational or informational use only.

All licenses are revocable at any time without notice and with or without cause stated.

Except as expressly set forth herein, ALI and its licensors do not grant you any rights or licenses other than the license to access and use only the Site, Site content and services as set forth in these Terms. ALL RIGHTS AND LICENSES NOT EXPRESSLY GRANTED HEREIN ARE RESERVED TO ALI AND ITS LICENSORS. UNLESS EXPLICITLY STATED HEREIN, NOTHING IN THESE TERMS SHALL BE CONSTRUED AS CONFERRING ANY LICENSE WHATSOEVER TO INTELLECTUAL PROPERTY RIGHTS.

INTELLECTUAL PROPERTY

Except as otherwise indicated herein, all content on this Site, including without limitation, the Site names, mark, logos and all designs, text, graphics, pictures, photos, trade dress, sounds, video, articles, messages, information, data, databases, software, source code, files, and the selection and arrangement thereof, (individually and collectively, the “Site content”) is the proprietary and exclusive property of Auctoritas Labs, Inc., or its licensors and protected by U.S. and International copyright laws and treaties. Copyright © 2007 Auctoritas Labs, Inc. All Rights Reserved.

Third party product names, company names and related images and text are property of their respective owners, used here for information and educational reference only. Specific reference to any third party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or other affiliation with ALI.

You may not copy or otherwise reproduce, distribute, transmit, publicly display or perform, modify, adapt, reformat, frame, translate, reverse engineer, create derivative works or uses of the Site or the Site content, or otherwise commercially exploit any of the Site content, in whole or in part, except as expressly provided in these Terms and the intended functionality of the Site or by applicable law pertaining to the fair use of copyrighted works.

You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed on the Site or in the Site content or any other material or content accessible via the Site.

Copyright Notice: Any displays or printouts of the Site or Site content that do not contain an original proprietary notice of the Site must be marked "Copyright 2007 Auctoritas Labs, Inc. All rights reserved" or other visible proprietary notice pertinent to the displayed or printed Site content.

Unauthorized access and use of the Site or Site content may also violate applicable state, federal and international laws, including without limitation, laws pertaining to the protection of copyrights, trademarks, misappropriation of trade secrets, and electronic communications.

BULLITICS and other designations of origin of ALI goods and services, including without limitation, logos, graphics, designs, icons, animations, sounds, colors and combinations thereof (the “trade dress”) are trade names, service marks and trademarks (“Trademarks”) of ALI. Except as permitted by law governing the fair use of names and marks, neither you nor any third party may use or register the Trademarks in connection with any product or service or web site (including domain names) in any manner without the prior written permission of Auctoritas Labs, Inc.

USER CONDUCT

We do not permit certain “bad” conduct or content that interferes or detracts from the use and enjoyment of the Site. Accordingly, you agree not to directly or indirectly (e.g., allow others to use a member account to) post, upload, transmit, distribute, share, store, create or otherwise publish on the Site content that:

  • infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any person or entity;
  • is false, deceitful or misleading in any way;
  • would, in the sole judgment of ALI, constitute, encourage, solicit or provide instructions for unlawful or illegal conduct or activity of any kind;
  • is unlawful, defamatory, libelous, vulgar, obscene, abusive, harassing, threatening, harmful, inflammatory, invasive of privacy or publicity rights, indecent, lewd, suggestive, pornographic or sexually explicit in nature, fraudulent, hateful or racially, ethnically or otherwise objectionable;
  • discloses any third party personal information, including, without limitation, addresses, phone numbers, email addresses, social security numbers, credit card numbers or financial account numbers;
  • impersonates any person or entity or otherwise misrepresents your affiliation with or endorsement by any person or entity;
  • seeks or encourages the exploitation of minors (persons under the age of 18) or the disclosure of the personal information of minors.
  • in the sole judgment of ALI, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose ALI, its affiliates or users to any harm or liability of any type;
  • constitutes advertising, promotional material, solicitations, political campaign material, junk mail, spam, chain letters, or any other form of solicitation, except as may be expressly authorized and permitted by these Terms;
  • is irrelevant or immaterial to the Site, any specific part of the Site, or the subject matter for which the Site is intended by ALI; and/or
  • contains software viruses, worms, defects, Trojan horses or any other computer code, files, programs or destructive devices designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or its intended function.

In addition, you represent and warrant that you shall not directly or indirectly use or attempt to use the Site (or Site content) or encourage others to use or attempt to use the Site (or Site content) to:

  • Abuse, harass, threaten, malign, defame or intimidate a person or group of persons using the Site or anyone affiliated with the Site.
  • Harvest user provided content or collect email addresses or other information of other users or members from the Site by any means for any commercial, unlawful or other purpose prohibited in these Terms.
  • Create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site.
  • Deceive or otherwise mislead people to view your postings and/or member profile.
  • Automatically redirect users to other domains.
  • Take any action that would restrict user viewings of the Site content or your postings to the Site, except as provided for by the Site’s privacy preference options.
  • Use or attempt to access and use another user’s or member’s account.
  • Use or attempt to use the Site to gain unauthorized access to or control of any computer, computer network, passwords, encryption codes, or other third party content and information.
  • Use or attempt to use the Site to store, display, or transmit, illegal, threatening, obscene or otherwise immoral or scandalous content and material.
  • Use any device, software or routine that interferes with the proper working of the Site or networks connected to the Site or otherwise attempt to interfere with the proper working of the Site or other networks connected to the Site.
  • Use any data mining, robot, spider, site search/retrieval application or similar data gathering or extraction methods.
  • Access, retrieve or index any portion of the Site for purposes of constructing or populating any database or any compilation of Site content.\
  • Solicit anyone for unlawful or immoral purposes.
  • Solicit personal information from a minor (i.e., a person under the age of 18 or other age of majority as determined by your local law).
  • Use the Site for any purpose other than the purposes intended by ALI.

OWNERSHIP, RIGHTS AND LICENSE TO USER PROVIDED CONTENT

ALI claims sole ownership all right, title and interest in and to the Site and the Site content, including user provided content and user Submissions (as defined below), including all intellectual property rights pertaining to the aforesaid, including but not limited to copyrights.

Accordingly, all use provided Site content and Submissions shall be the sole property of ALI, its successors and assigns, and you hereby agree to assign and do hereby assign and transfer to ALI all right, title and interest that you may have or acquire in any user provided Site content, any Submission, including all derivatives and compilations of the aforesaid, and all copyrights and other intellectual property rights pertaining thereto. You agree to execute and provided any such further documents, testimony and evidence as ALI may reasonably require to perfect, evidence, record or register ALI’s sole ownership and rights in and to user provided Site content and Submissions and intellectual property rights pertaining thereto.

ALI reserves the right in its sole judgment to use or not use any Site content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post, publish or transmit Site content, in whole or in part. Any use of user provided Site content does not necessarily reflect the views or opinions of ALI or its affiliates.

You acknowledge and agree that neither ALI nor its successor and assigns are under any obligation to pay for any user provided Site content or to provide you an unfettered opportunity to edit, delete or otherwise modify user Site content once it has been submitted to the Site.

“Submission(s)” means any question, comment, suggestion, idea, feedback or other information provided by you to ALI about the operation or features of the Site (existing or prospective) or the offerings of services by ALI.

The provisions of this section shall survive the termination of your license to access and use the Site.

RESPONSIBILITY FOR USER PROVIDED CONTENT AND USER INTERACTIONS

It is the sole responsibility of each user to ensure that he or she owns or has all rights, title and permissions necessary to upload, post, publish or display user provided content to the Site or transmit user provided content via the Site. By uploading, storing, posting, or publishing user provided content to the Site, or transmitting user provided content via the Site, you represent and warrant that you have all rights, title and permissions necessary to do so and that doing so does not violate any third-party right or license.

ALI does not regularly and systematically monitor user provided content posted on the Site or transmitted via the Site. ALI does not guarantee or warrant the accuracy, integrity or quality of user provided content. You understand that by using the Site you may be exposed to user provided content that you or others may feel is offensive, inappropriate, indecent, obscene, unlawful or otherwise objectionable. While we encourage and accept comments and constructive criticism, ALI ACCEPTS NO RESPONSIBILITY AND ASSUMES NO LIABILITY OF ANY KIND ARISING FROM OR RELATED TO THE DISPLAY, USE, RELIANCE UPON, LOSS OR DAMAGE OF ANY KIND, ARISING FROM OR RELATED TO USER PROVIDED CONTENT. You agree to assume all risks associated with the viewing or use of user provided content and/or reliance on any user provided content.

ALI IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES OF USER PROVIDED CONTENT. ALI has no obligation to screen, edit, monitor, refuse, or remove any of the user provided content posted to or distributed via the Site. ALI reserves the right in its sole discretion to screen, edit, monitor, refuse, or remove and/or permanently delete any user provided content at any time and for any reason with or without notice.

ALI is not responsible for the loss or damage to any user provided content.

ALI does not control the actions of any user or members of the Site. You are solely responsible and liable for your interactions with other users and members of the Site. We reserve the right, but have no obligation to monitor disputes between you and other users.

ALI further reserves the right to take any and all action it deems in its sole judgment necessary and appropriate to protect the integrity, reputation and goal of the Site, ALI and its users and members, without notice or liability to any party, whether or not involved in any dispute.

PROFESSIONAL ADVICE

This Site and its content and information are provided for general information and entertainment purposes only. It is not intended and shall not be construed as providing professional advice of any kind with regard to your particular circumstances. If you have a question or concern about a specific term, condition or other potential legal issue, please seek the advice and counsel of a licensed professional in your area for your particular circumstances. Thank you.

INDEMNITY

You agree to indemnify and hold harmless ALI and its affiliates, and each of their directors, officers, members, managers, employees and agents, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees and litigation expenses, arising out of or in connection with any user provided content that you upload, post, display, transmit or otherwise share on or through the Site, and/or your access or use of the Site, and/or your conduct in connection with the Site or with other users of the Site, and/or any violation of this Terms or of any law or the rights of any person or entity by you or anyone using your account or user ID or password. This indemnity obligation shall survive the termination of your license to access and use the Site.

THIRD PARTY SITES, CONTENTS AND TRANSACTIONS

The Site may contain links to other web sites ("Third Party Sites") and content or materials originating from third parties ("Third Party Content"). Such links do not imply approval or endorsement or any sponsorship or affiliation. Your use of Third-Party Sites and Third-Party Content is entirely at your own risk. ALI IS NOT RESPONSIBLE FOR THIRD PARTY LINKS, SITES OR THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO AVAILABILITY, ACCURACY AND/COMPLETENESS. OUR TERMS AND POLICIES NO LONGER APPLY AFTER YOU LEAVE OUR SITE, SO BE CAREFUL OUT THERE!

Third party services, products and links may appear on the Site. In addition, ALI may run third party advertisements and promotions on the Site. If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Site, such activity is solely between you and the applicable third party. ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS RELATED TO SUCH ACTIVITY ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. ALI SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR THE RESULT OF ANY THIRD PARTY ACTIVITY OR THE RESULT OF THIRD-PARTY ADVERTISEMENTS ON OUR SITE. you acknowledge and agree that ALI is not responsible or liable for any action or inaction of any third party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any claim or liability arising from or related to any third-party transaction.

TERMINATION OR MODIFICATION

Nothing herein warrants or guarantees the uninterrupted or continued operation of the Site or any particular portion, feature or service of the Site. ALI (and its successors and assigns) reserves the right at its sole discretion at any time to take the following action(s):

  1. change, modify, suspend or discontinue all or any aspect of the Site temporarily or permanently,
  2. impose limits on the usage of the Site, and/or
  3. block or prevent the future access to or use of all or any portion of the Site, or otherwise terminate licenses to use the Site or any portion thereof.

Any such action(s) may be taken with or without prior notice to you, for any reason, including but not limited a violation of these Terms. ALI is not obligated to provide to you any period in which to cure an actual or suspected breach of these Terms and ALI shall not be liable for any loss or damage arising from your failure to comply with these Terms and any remedial action taken by ALI as a result thereof. Any remedial action taken by ALI shall be in addition and without limitation to any other legal or equitable remedy that may be available to ALI. (In addition, see ALI’s “Infringer Policy” regarding our policy on the termination of users who infringe the intellectual property rights of others).

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE SITE, THE SITE CONTENT AND USER CONTENT ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, ALI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALI DOES NOT REPRESENT OR WARRANT ANY SPECIFIC PERFORMANCE OR RESULTS FROM THE USE OF THE SITE OR SITE CONTENT, THAT THE SITE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

ALL ACCESS AND USE OF THE SITE, THE SITE SOFTWARE, THE SITE CONTENT AND USER PROVIDED CONTENT IS AT YOUR SOLE RISK.

YOU SHOULD EXERCISE CAUTION IN ACCESSING, VIEWING AND DOWNLOADING CONTENT AND SOFTWARE FROM THE INTERNET AND USE INDUSTRY STANDARD SECURITY AND PROTECTION SOFTWARE TO GUARD AGAINST ONLINE RISKS. YOU AGREE TO ACCEPT FULL RESPONSIBILITY FOR ALL LIABILITY, DAMAGES AND OTHER HARM AND LOSSES THAT MAY RESULT FROM YOUR ACCESS AND USE OF THE SITE, THE SITE CONTENT, USER CONTENT, THIRD PARTY CONTENT OR OTHER CONTENT AND MATERIALS MADE ACCESSIBLE OR AVAILABLE VIA THE SITE.

WITHOUT LIMITING THE ABOVE, ALI ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR COMMUNICATIONS OR USER CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO YOUR OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING CONTENT AND MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE, SITE CONTENT, USER CONTENT OR THIRD PARTY CONTENT POSTED ON OR THROUGH THE SITE OR TRANSMITTED TO OTHER USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

LIMITATION OF LIABILITY

ALI accepts no responsibility for liability for any user provided content uploaded, stored, posted or otherwise published or transmitted via the Site by you or any third party, or for any loss or damage thereto or liability arising from or related to user provided content, including but not limited to liability for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ALI NOR ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS SHALL BE LIABLE UNDER ANY THEORY OF LAW FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR OTHER INTANGIBLES, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THE USE OF THE SITE, THE SITE CONTENT, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM THE RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM THE SITE OR ACCESSIBLE THROUGH THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES, EVEN IF ALI IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR ANY CONTENT EXCEED THE LESSER OF 1) ANY COMPENSATION PAID BY YOU, IF ANY, TO ALI FOR ACCESS TO OR USE OF THE SITE (FOR ANY PURPOSE AT ANY TIME) OR ANY CONTENT OR MATERIALS MADE AVAILABLE VIA THE SITE, OR 2) ONE HUNDRED DOLLARS ($100.00).

The limitations of liability set forth in this section shall survive the termination of your license to access and use the Site.

DISPUTE RESOLUTION

YOU AND ALI AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, THE ACCESS AND USE OF THE SITE OR ANY SITE CONTENT SHALL BE FINAL AND BINDING ARBITRATION, except:
(a) to the extent that you or ALI asserts a claim for violation of an intellectual property or other proprietary right or a violation of these Terms pertaining to user conduct, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought in a court of competent jurisdiction; and
(b) no disputes or claims relating to any third party transactions arising from or related to the use of the Site must be arbitrated.

Arbitration under this Agreement shall be conducted before a retired judge with “JAMS” (see http:/www.jamsadr.com), under its then-existing Rules and Procedures. The arbitration shall be held in the City of San Francisco, California. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

In no event shall any claim, action or proceeding by you arising from or related in any way to these Terms or the use of the Site, Site content, user provided content or other content and materials made accessible or available via the Site, be instituted more than one (1) year after the cause of action arose.

You and ALI agree that the prevailing party in any action to resolve a dispute between the parties will be entitled to an award of reasonable attorneys’ fees and costs (including consultant and expert witness fees) incurred in the action.

The provisions of this section shall survive the termination of your license to access and use the Site.

MISCELLANEOUS

These Terms and the resolution of any dispute between you and ALI will be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree and ALI agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. If you are located outside the United States, you access and use this Site voluntarily and at your own risk and compliance with all local laws pertaining to you. In no event shall ALI or its affiliates be responsible for compliance with your local laws or liable for the failure to so comply. No Site content may be downloaded or otherwise exported by a user in violation of any U.S. export control law, regulation or restriction. The application of the United Nations Convention on the International Sales of Goods shall not apply and its application is hereby expressly excluded.

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind ALI or its affiliates in any respect whatsoever. ALI may provide you with notices, including those regarding changes to the Terms by email, regular mail or postings on the Site.

These Terms contain the entire agreement between you and ALI regarding the use of the Site, the Site content, user provided content or other content and materials made accessible or available via the Site. These Terms may not be modified except in writing by ALI. These Terms supersede any prior agreements between you and ALI relating to the use of the Site, Site content, user provided content or other content and materials made accessible or available via the Site.

The failure of ALI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of the right or provision. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Legal Notices: You consent and agree to receive legal notices from us electronically to the last known email addresses provided by you and/or by the prominent posting of legal notices on Bullitics.com and that any such electronic notices satisfies any legal requirement that a legal notice be in writing. You may withdraw this consent to the receipt of electronic notices by notifying us and terminating all use of this Site, its content and services.

If any provision of the Terms shall be deemed unlawful, void, or otherwise unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

These Terms are not assignable or transferable by you except with the prior written consent of ALI.

The section titles are for convenience only and shall not be used to construe or interpret these Terms.

The provisions of this section shall survive the termination of your license to access and use the Site.

CONTACT US

Except at provided above for copyright complaints, please direct inquiries or comments concerning these Terms to feedback@bullitics.com.

Thank you for visiting www.bullitics.com!

 

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