terms of use
1. AGREEMENT
These Terms of Use (the \'Agreement\') constitute a legally binding agreement by and between MrBoycott, LLC (hereinafter, \'MrBoycott\') and you or your company (in either case, \'You\' or \'Your\') concerning Your use of MrBoycott\'s website (the \'Website\') and the services available through the Website (the \'Services\'). By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and MrBoycott\'s [Privacy Policy] (the \'Privacy Policy\'), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
2. PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. MrBoycott encourages users of the Website to frequently check MrBoycott\'s Privacy Policy for changes.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, MRBOYCOTT RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless MrBoycott obtains Your express consent, any revised Privacy Policy will apply only to information collected by MrBoycott after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.
4. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
5. USER INFORMATION; PASSWORD PROTECTION
In connection with Your use of the Services, You are required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the section concerning \'User Ability to Access, Update, and Correct Personal Information\' in MrBoycott\' [Privacy Policy].
You will also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify MrBoycott immediately of any unauthorized use of Your account, user name, or password. MrBoycott shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by MrBoycott, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else\'s use of Your account or password. You must also promptly notify MrBoycott if any credit/debit card that You have provided to us is lost, stolen or used without permission.
6. RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties are those of their respective authors and should not necessarily be relied on. Such authors are solely responsible for such content. MRBOYCOTT DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL MRBOYCOTT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
7. YOUR INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MRBOYCOTT MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT MRBOYCOTT HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. MRBOYCOTT DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL MRBOYCOTT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER\'S CONDUCT IN CONNECTION WITH SUCH MEMBER\'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.
8. PUBLIC PROFILES; INFORMATION PROVIDED BY MEMBERS
As part of registration with the Website, members must create public profiles, which contain certain indentifying information (such as age and email address). In addition, members have the option to post photographs, videos and other information (such as likes and dislikes) on their public profiles. MrBoycott relies on its members to provide current and accurate information, and MrBoycott does not, and cannot, investigate information contained in member public profiles. Accordingly, MrBoycott must assume that information contained in each member public profile is current and accurate. MRBOYCOTT DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THE SERVICES.
9. MEMBER DISPUTES
MrBoycott reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold MrBoycott harmless in connection with any dispute or claim You make against any other member.
10. CONSENT TO RECEIVE EMAIL FROM MRBOYCOTT
By registering with the Website, you thereby consent to receive periodic email communications from MrBoycott regarding the Services, new product offers, promotions and other matters.
11. CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM MEMBERS
By registering with the Website, your thereby consent to receive electronic communications, including email and personal messages, from other Website members.
12. USER CONTENT
You own all of the content, materials, or information (e.g. posts, photos, video, etc.) that You upload or post to, or transmit, display, perform or distribute by means of, the Website and Services (hereinafter, \'User Content\'). MrBoycott does not claim any ownership of any User Content. User Content does not include Personal Information, as defined in MrBoycott’s [Privacy Policy], and Personal Information is not subject to the below license.
In connection with the operation of the Website and Services, You hereby grant MrBoycott and its successors and assigns (collectively, the \'MrBoycott Parties\') a non-exclusive, assignable, revocable as stated in this Agreement, license to use, copy, distribute, transmit, publicly display or perform User Content, in any medium now existing or later devised (the \'User Content License\'). You acknowledge and agree that You will not be compensated for any exercise of the User Content License. When You delete User Content from the Website, it is akin to emptying the recycle bin on your computer. You understand that deleted User Content may remain on MrBoycott’s servers as backup copies for a reasonable period of time, but will not be available with others.
The deletion of any User Content from the Website automatically terminates the User Content License with respect to such deleted User Content, unless You have shared such deleted User Content with others and they have not deleted the content. Any termination of Your Website membership and/or this Agreement shall automatically terminate the User Content License with respect to all of Your User Content, unless You have shared User Content with others and they have not deleted the content.
Any User Content that You post on MrBoycott becomes public information over which MrBoycott is unable to exercise control. You should exercise caution when deciding to post User Content on MrBoycott, and You agree to assume all responsibility for doing so.
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the MrBoycott Parties under this section. You further represent and warrant that all User Content fully complies with MrBoycott’ [Community Guidelines].
13. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, MrBoycott is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.
14. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that, including without limitation:
are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; constitute child pornography; solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; incite, encourage or threaten physical harm against another; promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; glamorize the use of hard core illegal substances and drugs; advertise or otherwise solicit funds or constitute a solicitation for goods or services; violate any provision of this Agreement or any other MrBoycott agreement or policy, including without limitation MrBoycott’ [Community Guidelines]; or is generally offensive or in bad taste, as determined by MrBoycott (all of the above collectively referred to as \'Objectionable Content\').
15. PROHIBITED USES
MrBoycott imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not:
\'stalk,\' bully, intimidate or otherwise harass any person, or contact any person who has requested not to be contacted; provide false, misleading or inaccurate information to MrBoycott or any other member; impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; solicit, harvest or otherwise collect information about MrBoycott users, including user names, passwords, email addresses and phone numbers; post unauthorized commercial communications on the Website; engage in unlawful multi-level marketing, such as a pyramid scheme; offer any contest, giveaway or sweepstakes; use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; access content or data not intended for You, or log onto a server or account that You are not authorized to access; attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, \'flooding,\' \'spamming,\' \'mail bombing,\' or \'crashing\'; use the Website or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements for products or services; forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the MrBoycott Parties in providing the Website or Services.
16. INTELLECTUAL PROPERTY
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party\'s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD MRBOYCOTT OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF MRBOYCOTT AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MRBOYCOTT OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO MRBOYCOTT OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF MRBOYCOTT AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO MRBOYCOTT DURING THE SIX MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MRBOYCOTT AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(d) APPLICATION
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND MRBOYCOTT OR BETWEEN YOU AND ANY OF MRBOYCOTT\'S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MRBOYCOTT\'S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
(e) YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other MrBoycott policies, and with any applicable laws or regulations.
(f) INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless MrBoycott and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors and assigns (collectively, the \'Indemnified Parties\') from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, \'Claims\'), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to MrBoycott or any of the Indemnified Parties of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) Your violation or alleged violation of any third party\'s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
17. GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, and this Agreement, including without limitation this Agreement\'s interpretation, shall be treated as though this Agreement were executed and performed in Ohio and shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
(a) Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between You and MrBoycott arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of the American Arbitration Association (AAA) in Ohio (unless You and MrBoycott mutually agree to a different arbitrator) who shall render an award in accordance with the substantive laws of Ohio. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the AAA fee and reasonable attorneys\' fees) to the prevailing party.
(b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude You or MrBoycott from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or MrBoycott from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING \'EQUITABLE RELIEF\' WILL BE THE FEDERAL AND STATE COURTS.
These Terms of Use (the \'Agreement\') constitute a legally binding agreement by and between MrBoycott, LLC (hereinafter, \'MrBoycott\') and you or your company (in either case, \'You\' or \'Your\') concerning Your use of MrBoycott\'s website (the \'Website\') and the services available through the Website (the \'Services\'). By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and MrBoycott\'s [Privacy Policy] (the \'Privacy Policy\'), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
2. PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. MrBoycott encourages users of the Website to frequently check MrBoycott\'s Privacy Policy for changes.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, MRBOYCOTT RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless MrBoycott obtains Your express consent, any revised Privacy Policy will apply only to information collected by MrBoycott after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.
4. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
5. USER INFORMATION; PASSWORD PROTECTION
In connection with Your use of the Services, You are required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the section concerning \'User Ability to Access, Update, and Correct Personal Information\' in MrBoycott\' [Privacy Policy].
You will also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify MrBoycott immediately of any unauthorized use of Your account, user name, or password. MrBoycott shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by MrBoycott, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else\'s use of Your account or password. You must also promptly notify MrBoycott if any credit/debit card that You have provided to us is lost, stolen or used without permission.
6. RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties are those of their respective authors and should not necessarily be relied on. Such authors are solely responsible for such content. MRBOYCOTT DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL MRBOYCOTT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
7. YOUR INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MRBOYCOTT MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT MRBOYCOTT HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. MRBOYCOTT DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL MRBOYCOTT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER\'S CONDUCT IN CONNECTION WITH SUCH MEMBER\'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.
8. PUBLIC PROFILES; INFORMATION PROVIDED BY MEMBERS
As part of registration with the Website, members must create public profiles, which contain certain indentifying information (such as age and email address). In addition, members have the option to post photographs, videos and other information (such as likes and dislikes) on their public profiles. MrBoycott relies on its members to provide current and accurate information, and MrBoycott does not, and cannot, investigate information contained in member public profiles. Accordingly, MrBoycott must assume that information contained in each member public profile is current and accurate. MRBOYCOTT DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THE SERVICES.
9. MEMBER DISPUTES
MrBoycott reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold MrBoycott harmless in connection with any dispute or claim You make against any other member.
10. CONSENT TO RECEIVE EMAIL FROM MRBOYCOTT
By registering with the Website, you thereby consent to receive periodic email communications from MrBoycott regarding the Services, new product offers, promotions and other matters.
11. CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM MEMBERS
By registering with the Website, your thereby consent to receive electronic communications, including email and personal messages, from other Website members.
12. USER CONTENT
You own all of the content, materials, or information (e.g. posts, photos, video, etc.) that You upload or post to, or transmit, display, perform or distribute by means of, the Website and Services (hereinafter, \'User Content\'). MrBoycott does not claim any ownership of any User Content. User Content does not include Personal Information, as defined in MrBoycott’s [Privacy Policy], and Personal Information is not subject to the below license.
In connection with the operation of the Website and Services, You hereby grant MrBoycott and its successors and assigns (collectively, the \'MrBoycott Parties\') a non-exclusive, assignable, revocable as stated in this Agreement, license to use, copy, distribute, transmit, publicly display or perform User Content, in any medium now existing or later devised (the \'User Content License\'). You acknowledge and agree that You will not be compensated for any exercise of the User Content License. When You delete User Content from the Website, it is akin to emptying the recycle bin on your computer. You understand that deleted User Content may remain on MrBoycott’s servers as backup copies for a reasonable period of time, but will not be available with others.
The deletion of any User Content from the Website automatically terminates the User Content License with respect to such deleted User Content, unless You have shared such deleted User Content with others and they have not deleted the content. Any termination of Your Website membership and/or this Agreement shall automatically terminate the User Content License with respect to all of Your User Content, unless You have shared User Content with others and they have not deleted the content.
Any User Content that You post on MrBoycott becomes public information over which MrBoycott is unable to exercise control. You should exercise caution when deciding to post User Content on MrBoycott, and You agree to assume all responsibility for doing so.
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the MrBoycott Parties under this section. You further represent and warrant that all User Content fully complies with MrBoycott’ [Community Guidelines].
13. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, MrBoycott is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.
14. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that, including without limitation:
are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; constitute child pornography; solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; incite, encourage or threaten physical harm against another; promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; glamorize the use of hard core illegal substances and drugs; advertise or otherwise solicit funds or constitute a solicitation for goods or services; violate any provision of this Agreement or any other MrBoycott agreement or policy, including without limitation MrBoycott’ [Community Guidelines]; or is generally offensive or in bad taste, as determined by MrBoycott (all of the above collectively referred to as \'Objectionable Content\').
15. PROHIBITED USES
MrBoycott imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not:
\'stalk,\' bully, intimidate or otherwise harass any person, or contact any person who has requested not to be contacted; provide false, misleading or inaccurate information to MrBoycott or any other member; impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; solicit, harvest or otherwise collect information about MrBoycott users, including user names, passwords, email addresses and phone numbers; post unauthorized commercial communications on the Website; engage in unlawful multi-level marketing, such as a pyramid scheme; offer any contest, giveaway or sweepstakes; use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; access content or data not intended for You, or log onto a server or account that You are not authorized to access; attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, \'flooding,\' \'spamming,\' \'mail bombing,\' or \'crashing\'; use the Website or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements for products or services; forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the MrBoycott Parties in providing the Website or Services.
16. INTELLECTUAL PROPERTY
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party\'s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD MRBOYCOTT OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF MRBOYCOTT AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MRBOYCOTT OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO MRBOYCOTT OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF MRBOYCOTT AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO MRBOYCOTT DURING THE SIX MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MRBOYCOTT AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(d) APPLICATION
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND MRBOYCOTT OR BETWEEN YOU AND ANY OF MRBOYCOTT\'S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MRBOYCOTT\'S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
(e) YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other MrBoycott policies, and with any applicable laws or regulations.
(f) INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless MrBoycott and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors and assigns (collectively, the \'Indemnified Parties\') from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, \'Claims\'), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to MrBoycott or any of the Indemnified Parties of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) Your violation or alleged violation of any third party\'s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
17. GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, and this Agreement, including without limitation this Agreement\'s interpretation, shall be treated as though this Agreement were executed and performed in Ohio and shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
(a) Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between You and MrBoycott arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of the American Arbitration Association (AAA) in Ohio (unless You and MrBoycott mutually agree to a different arbitrator) who shall render an award in accordance with the substantive laws of Ohio. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the AAA fee and reasonable attorneys\' fees) to the prevailing party.
(b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude You or MrBoycott from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or MrBoycott from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING \'EQUITABLE RELIEF\' WILL BE THE FEDERAL AND STATE COURTS.