terms & conditions
Stick it to
Type 1 Diabetes
Terms & Conditions
LAST UPDATED: May 20, 2022
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
Type 1 Timer Hockey, LLC (“T1T”) runs www.t1thockey.com. These Terms & Conditions apply to only pages on www.t1thockey.com. If you follow a link to a domain that differs from www.t1thockey.com, these terms and conditions do not apply. As used in these Terms & Conditions, “Site”, “T1T”, “us” or “we” refers to www.t1thockey.com, and T1T and its subsidiaries and affiliates. “Services” means the Site and associated sites, along with any and all content, features, functionality, and services offered on or through the Site.
IF ANY OF THESE TERMS & CONDITIONS, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE YOUR USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS & CONDITIONS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS, CHANGES, OR MODIFICATIONS. WE RECOMMEND THAT YOU READ THESE TERMS & CONDITIONS, AS THEY INCLUDE TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
You must accept all of the terms in these Terms & Conditions before you become a registered user or guest of the Site. By accepting these Terms & Conditions, you agree that these Terms & Conditions will apply whenever you use the Site or any of the Services. In addition, you will also be subject to any additional terms and guidelines applicable to any such separate service and business (which, if inconsistent with these Terms & Conditions, shall control). If you do not agree with any of these Terms & Conditions, including any linked documents, do not use the Site.
We reserve the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions and all linked documents. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; but any material change to these Terms & Conditions will not be applied retroactively to any claim or dispute between you and us in connection with these Terms & Conditions that arose prior to the applicable “LAST UPDATED” date in which we included such material change. You agree that we shall not be liable to you for any damages that might result from any changes to these Terms & Conditions.
We may, at any time: modify or discontinue all or any part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
CHILDREN UNDER THE AGE OF 13
We require that all information about any child under the age of 13 provided through our forms comes from such child’s parent/guardian, or with the parent/guardian’s verified consent. To that end, we require the individual filling out our forms to attest that they are the parent/guardian of the camper, and will not collect any information about any child under the age of 13 until such consent has been obtained. The attestation will come in the form of a consent box during the registration process, and may look something like:
Before moving forward with processing your child’s camp participation request, we require your written consent for your child to participate as a camper at the Type 1 Timer hockey camp. To verify your consent, please read the message below and check the box confirming that you have read and agree to the terms:
Without obtaining parental consent, we do not collect Personally Identifiable Information directly from any person we actually know is a child under the age of 13. “Personally Identifiable Information” means your or your child’s name, street address, telephone number, e-mail address, credit card number, or user or account name or number, health information or any other piece of information provided by you to us that, individually or when combined with other personal or identifying information, allows the identification of a person or is otherwise considered Personally Identifiable Information or personal data protected under any applicable law.
If you are under the age of 13, do not: use or provide any information on this Site or on or through any of its features; register on this Site; use any of the interactive or public comment features of this Site; or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.
If we learn we have collected or received Personally Identifiable Information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13 that was provided without parental consent, please contact us by sending us an e-mail stating your request to [email protected] or contacting us in writing at Type 1 Timer Hockey 71 S. Wacker Drive, Suite 2700 Chicago, IL 60606.
By providing Personally Identifiable Information through this Site, you represent and warrant that you are either over the age of 13 or have gotten parental consent as laid out above. If you do not meet these requirements, you must not provide Personally Identifiable Information through this Site.
CONSENT TO PARTICIPATE IN A T1T CAMP
Before moving forward with processing your child’s camp participation request, we require your consent for your child to participate as a camper at the T1T camp. To verify your consent, you will be required to sign a parental consent form confirming that you have read and agree to the following terms:
When you visit the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that the Site provides to you electronically satisfy any legal requirement that such communications be in writing.
ACCURACY OF INFORMATION PROVIDED BY YOU
You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information as needed. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
ACCESSING THE SERVICES AND YOUR ACCOUNT
We reserve the right to modify or terminate all or any part of the Services, and any service or material provided in connection with the Services, at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Services to users, including to registered users.
You are responsible for: (a) making all arrangements necessary for you to have access to the Services; and (b) ensuring that all persons who access the Services through your internet connection are aware of these Terms & Conditions and comply with them.
We have the right to disable any account or any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.
T1T reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Services, and to block or prevent future access to and use of the Services if you violate any of these Terms & Conditions. Upon any such termination, your right to use the Services will immediately cease. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
We make or may make available products and services for purchase through the Site, and we may use third-party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT AND DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to the Site the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Transactions are processed by third party credit card processor Stripe, Inc.
Descriptions and images of, and references to, third-party products or services available in connection with the Site do not imply T1T’s endorsement of such third-party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All media and similar products sold are for private, non–public, home use (where no admission fee is charged) and may not be duplicated. T1T reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
REVIEWS, COMMENTS, SUBMISSIONS AND OTHER COMMUNICATIONS
T1T welcomes your reviews, comments and other communications (“User Content”), as long as the User Content submitted by you complies with these Terms & Conditions. The Site does not endorse, recommend or sponsor any user product reviews, ideas, advice or other User Content.
You agree that any User Content submitted by you on the Site will be accurate, will not violate or facilitate the violation of any applicable law, regulation or Site rule or policy, will not violate any right of a third party, including, copyright, trademark, privacy or publicity rights, and will not cause injury to any person or entity. You agree that User Content submitted by you on the Site will not contain threatening language, and will not contain malware, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. In addition, you agree that you have not been compensated nor granted any consideration by any third party for the User Content submitted by you.
You are solely responsible for the User Content you submit, and neither this Site nor T1T assumes any liability for any User Content submitted by you. You agree to indemnify us against all claims and liabilities resulting from your User Content. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding their transmission, to any third party in order to (a) operate the Site; (b) to protect T1T and its employees, officers, directors, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “T1T Entities”), and the Site’s users and visitors; (c) to comply with legal obligations or governmental requests; (d) to enforce these Terms & Conditions; or (e) for any other reason or purpose.
In consideration of your use of the Services, you agree that T1T shall own all User Content and associated Intellectual Property Rights, whether provided orally or in writing, and you hereby assign all right, title, and interest (including all Intellectual Property Rights) that you have or may have in User Content to T1T, and agree to take such actions and to execute such documents as reasonably requested by T1T to confirm, convey, record, or otherwise effectuate T1T’s sole ownership of the Feedback. In addition, you grant to T1T the right to include the name provided along with the User Content submitted by you; provided, however, T1T shall have no obligation to include such name with such User Content. Please note that, if you use your name in connection with your product review, this Personally Identifiable Information will become public information, and will be available to Site visitors and to the general public; moreover, such Personally Identifiable Information, once so disclosed to the general public, may be redistributed through the Internet and other media channels, where it will reach an even broader audience. We are not responsible for the use or disclosure of any Personally Identifiable Information that you voluntarily disclose in connection with your product reviews.
You must provide your actual e-mail address in order to submit User Content. Any content you submit will be routed through the Internet, and you understand and acknowledge that you have no expectation of privacy regarding User Content. By submitting your e-mail address in connection with your User Content, you agree that T1T and its third party service providers may use your e-mail address to contact you about your User Content and for other administrative purposes; provided, however, T1T has no obligation to respond to any User Content.
For all User Content posted by you, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such User Content, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
User Content is also provided by third party visitors to the Site. Please note that Site visitors may make statements, post messages or other User Content that are inaccurate, misleading or deceptive. T1T and its affiliates, partners, suppliers or any other associated entities neither endorse nor are responsible for any opinion, advice, information or statements made by third parties. T1T and T1T Entities are not responsible for any such information or materials made available through the Site (including errors or omissions in postings or links or images embedded in such postings) or results obtained by using any such information or materials. Under no circumstances will the T1T Entities be responsible or liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of T1T.
OTHER TERMS & CONDITIONS
Additional terms and conditions may also apply to specific portions, services, or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service. You acknowledge that the Services utilize Stripe, Inc., and You agree to comply with the terms and conditions set forth at https://stripe.com/ssa.
T1T strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, T1T cannot guarantee that your monitor’s display of any color will be accurate.
AVAILABILITY, ERRORS AND INACCURACIES
If an item is out of stock, it cannot be purchased. Occasionally, a product package will be updated though the product remains identical. The depiction of the product package you order may differ from the product package you receive.
T1T’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the availability of an item has been confirmed. T1T makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of the items on the Site may be described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including, product images, specifications, availability and services. T1T reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.
As part of our shipping procedures, we verify the availability before an item is shipped out.
If an item is no longer available, or we determine that there were inaccuracies in our product information, we will make every effort to route your order to another supplier at no additional cost to you. If we cannot fill your order by any other means, we will cancel your order and notify you of such cancellation via e-mail.
RISK OF LOSS
The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.
We understand that refunds are sometimes necessary for a wide variety of reasons. You may request a refund for your payment for the Services for any reason whatsoever during the first 30 days after such payment is made. .
NO UNLAWFUL OR PROHIBITED USES
The Services may be used for only lawful purposes. As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
Additionally, you agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for Personally Identifiable Information, or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate T1T, a T1T employee, another user, or any other person or entity (including by using e-mail addresses or social media handles associated with any of the foregoing);
- In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services; or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm T1T or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use any robot, spider, or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material provided in connection with the Services;
- Use any manual process to monitor or copy any of the material provided in connection with the Services, or for any other unauthorized purpose, without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Services;
- Attempt to disassemble, decompile, or reverse engineer any of the Services;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part(s) of the Services, an account that you are not authorized to access, the server on which the Services are stored, or any server, computer, or database connected to the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Services.
Additionally, in connection with the Site, you are prohibited from:
- using the Site for unintended purposes or trying to change the behavior of the Site;
- attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
- forging any header or any part of the header information in any e-mail or posting;
- posting, transmitting, or otherwise making available through or in connection with the Site: (A) anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent; (iv) objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; (B) any material that would give rise to criminal or civil liability; (C) any material that encourages conduct that constitutes a criminal offense; or (D) any material that encourages or provides instructional information about illegal activities or activities such as “hacking,” cracking,” or “phreaking”; or (E) any material, non-public information about a company without the proper authorization to do so;
- using the Site to harvest or collect Personally Identifiable Information about other users of the Site;
- using the Site to advertise or offer to sell or buy any goods or services without T1T’s express prior written consent;
- reproducing, duplicating, copying, selling, reselling or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- removing any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
- framing or mirroring any part of the Site without T1T’s express prior written consent; or
- creating a database by systematically downloading and storing Site content.
You acknowledge that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing products, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations including the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of applicable law.
INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” means all rights, whether registered or unregistered, in all jurisdictions throughout the world, in patents, inventions, trade secrets, confidential or proprietary information, data and collections of data, copyrights, software and other works of authorship, domain names, trademarks, trade names, service names, slogans, logos and other designations of origin, all registrations and applications for registration of any of the foregoing, and all other forms of intellectual property or proprietary rights.
The Services and all domain names, trademarks, trade names, service names, logos, and other designations of origin, whether registered or unregistered, that are used or displayed in connection with the Services, including the “TYPE1TIMER” trademark (collectively, the “T1T Marks”), and all Intellectual Property Rights in all of the foregoing, are owned by T1T or one of its affiliates, unless otherwise indicated, and are protected by United States and international copyright, trademark, patent, trade secret, and other Intellectual Property Rights laws. You agree that you will not use or reproduce the T1T Marks without our prior written consent. All other names, logos, product and service names, designs, and slogans displayed in connection with the Services are the trademarks of their respective owners.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively “Content”), is owned or licensed property of T1T or its software and content suppliers and is protected by Intellectual Property Rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of T1T.
T1T and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of T1T’s or any third party’s Intellectual Property Rights.
You may use the Services and the Content of the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided in connection with our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by our end user license agreement for such applications; and
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Site;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site; or
- Access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you wish to make any use of material provided through the Services other than as set forth in this section, please address your request to: [email protected]
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms & Conditions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies you have made of materials provided through the Services. No right, title, or interest in or to the Services or any content provided in connection with the Services is transferred to you, and all rights not expressly granted are reserved by T1T. Any use of the Services not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
LINKS TO THIRD PARTIES’ WEBSITES
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Site is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by us of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to the homepage of the Site, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Site may provide certain social media features that enable you to:
- Link from your own or certain third-party sites to certain content provided in connection with the Site;
- Send e-mails or other communications with certain content, or links to certain content, provided in connection with the Site; or
- Cause limited portions of content provided in connection with the Site to be displayed or appear to be displayed on your own or certain third-party sites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any site that is not owned by you;
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site;
- Link to any part of the Site other than the homepage; or
- Otherwise take any action with respect to the materials provided in connection with the Services that is inconsistent with any other provision of these Terms & Conditions.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
DISCLAIMERS OF WARRANTIES — GENERAL
While the Site attempts to ensure your access and use of the Site is safe, we cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY THE SITE ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT E-MAILS SENT FROM THE SITE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THE SITE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop-up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.
The Site is controlled by T1T from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL T1T OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, AND ANY LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF T1T HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE SITE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE SERVICES OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
INDEMNIFICATION AND DEFENSE OF T1T
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless T1T and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
Except as explicitly stated otherwise, any notices you send to the Site shall be sent by mail to T1T, 71 South Wacker Drive, Suite 2700, Chicago, IL 60606. In the case of notices the Site sends to you, notices may be posted on the Site or sent to the e-mail address listed in your profile in your account. Notice shall be deemed given 24 hours after the notice is posted on the Site or an electronic message is sent, unless (i) the sending party is notified that the message did not reach the recipient or, (ii) in the case of mailing, three (3) days after the date of mailing.
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such sites.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected] California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
We will not be responsible for any failure or delay in our performance under these Terms & Conditions due to causes beyond our reasonable control, including labor disputes, strikes, lockouts, Internet or telecommunications failures, shortages of or inability to obtain labor, energy or supplies, war, terrorism, riot, acts of God or governmental action, pandemics (including the current and any future COVID-19 pandemic), epidemics, acts by hackers or other malicious third parties, and problems with the Internet generally, and such performance is excused to the extent that it is prevented or delayed by reason of any foregoing.
VIOLATION OF THESE TERMS & CONDITIONS
We may investigate any violation of these Terms & Conditions, including unauthorized use of the Services. We may provide law enforcement with information you provide to us related to your interaction with the Services to assist in any investigation or prosecution of you or others. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms & Conditions. If we determine that you have violated these Terms & Conditions or applicable laws, rules, or regulations, or for any other reason or for no reason, we may cancel your account, delete all your Content and prevent you from accessing the Services at any time without notice to you. If that happens, you may no longer use the Services. You will still be bound by your obligations under these Terms & Conditions. You agree that we will not be liable to you or any third party for termination of your access to the Services or any related information, and we will not be required to make the Services or any related information available to you.
ENFORCEMENT OF TERMS & CONDITIONS
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS & CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF FLORIDA, UNITED STATES OF AMERICA. The laws of the State of Florida, without regard to Florida’s choice-of-law principles, govern all matters arising out of or related to these Terms & Conditions. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms & Conditions shall be the United States District Court for the Southern District of Florida, and you submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the Southern District of Florida, then the exclusive forum and venue for any such action shall be the courts of the State of Florida located in Miami-Dade County, and submit to the personal jurisdiction of that court.
In the event an ambiguity or question of intent or interpretation arises under these Terms & Conditions, these Terms & Conditions shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of these Terms & Conditions. As used in these Terms & Conditions, the terms “include” and “including” shall be deemed to be immediately followed by the phrase “without limitation.” The terms “herein” and “hereunder” and similar terms shall be interpreted to refer to the entire Terms & Conditions. The captions and headings in these Terms & Conditions are inserted for convenience and reference only and in no way define or limit the scope or content of these Terms & Conditions and shall not affect the interpretation of its provisions.
These Terms & Conditions, including policies incorporated herein, constitute the entire agreement between you and the Site with respect to the Site. These Terms & Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Site with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. No waiver by T1T of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms & Conditions creates a relationship of agent and principal, partners, joint venturers or employer-employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may also provide notice of changes to these Terms & Conditions by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.