LA Weekly, LP
Last Updated: June 11, 2019
Semanal Media, LLC (“us”, “we”, or “our”) operates the https://www.laweekly.com website (the “Service”). For users located in the European Economic Area, and to the extent applicable, Semanal Media, LLC is the data controller and is responsible for the Personal Data (as defined below) of EEA users of the Services.
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
INFORMATION COLLECTION AND USE
We collect several different types of information for various purposes to provide and improve our Service to you.
Where we need to collect Personal Data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to provide the Service or perform the contract we have or are trying to enter into with you.
TYPES OF DATA COLLECTED
While using our Service, we collect certain personally identifiable information that can be used (either alone or in combination with other information) to contact or identify you (“Personal Data”). We collect and use your Personal Data for the purposes set out below. The Personal Data we collect includes:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Location Data
- Cookies Data
When you sign in to our Service using a social media account, you give permission to the social media platform to share with us Personal Data.
When you post information on a discussion board or comment publicly on an article on our Service, the information you post and your username are publicly accessible. This information can be viewed online and collected by other people. We are not responsible for the way these other people use this information. When contributing to a discussion, we strongly recommend you avoid sharing any personal details, and especially information that can be used to identify you directly such as your name, age, address and name of employer. We are not responsible for the privacy of any identifiable information that you post in our online community or other public pages of the Service.
We may also collect information about how you use and access the Service (for example, the duration of a page visit and your browsing journey, including where you entered the Service from and where you go from you exit) (“Usage Data”). This Usage Data includes information such as your device’s Internet Protocol address (i.e. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”) by setting your device to allow for location tracking/data or by opting in to browser prompt that asks for location tracking. We use this data to provide features of our Service, to improve and customize our Service, such as:
- Content that is around your specific location
- Business location/listings around your location
You can enable or disable location services when you use our Service at any time, through your device settings.
Tracking Cookies Data
USE OF DATA
Semanal Media uses the data it collects for various purposes:
- To provide and maintain our Service and the services you sign up for;
- To notify you about changes to our Service;
- To allow you to participate in interactive features of our Service when you choose to do so;
- To provide customer support, including to respond to your queries and resolving complaints;
- To use data analytics to improve our Service, products/services, marketing, customer relationships and experiences – see “Analytics” below;
- To monitor the usage of our Service – see “Analytics” below;
- To administer and protect our business and the Service (including for accounting and records, troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
- To deliver personalized Service content and advertisements to you (including using third party service providers) and measure or understand the effectiveness of the advertising we (or such third parties) serve to you;
- To sell advertising space on the Service;
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information – see “Marketing” below;
- To comply with applicable laws and regulations.
We use Google Analytics to monitor and analyze the use of our Service. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. For more information on Google’s privacy practices, please see Google’s Privacy and Terms: https://policies.google.com/?hl=en
You can opt-out of having your data used by Google Analytics by installing the Google Analytics opt-out browser add-on: https://tools.google.com/dlpage/gaoptout
We use Chartbeat to monitor and analyze the use of our Service. Chartbeat is a web analytics service offered by Chartbeat that tracks and reports website article traffic. For more information on Chartbeat’s privacy practices, please see Chartbeat’s Privacy and Terms:
In relation to marketing communications, we may provide you with an “opt in” or “opt-out” mechanism depending on where in the world you are located. An “opt-in” mechanism will provide you the opportunity to positively indicate that you would like or do not object to our sending you such further communications and we will not send you any unless you have “opted-in”. An “opt-out” mechanism will provide you the opportunity to indicate that you do not want us to send you such further communications, and if you “opt-out” we will not send you any.
You can also manage many companies’ cookies used for online advertising via the consumer choice tools created under self-regulation programs in many countries, such as the US-based aboutads.info choices page or the EU-based Your Online Choices.
Please also see our Cookies Policy for further information.
LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
Generally, Semanal Media processes your Personal Data on the basis of one or more of the following legal grounds:
- We need to perform a contract with you;
- You have given us permission to do so;
- The processing is in our legitimate interests and it’s not overridden by your rights. Such “legitimate interests” include:
- to study how customers use the Service,
- to develop the Service and grow our business,
- to manage our business, including the provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise,
- to inform our marketing and advertising strategy; or
- To comply with our legal and regulatory obligations.
- We may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data.
RETENTION OF DATA
Semanal Media also retains Usage Data for internal analysis and statistical purposes. Usage Data is generally retained for a shorter period of time than other Personal Data, except when such data is used to strengthen the security of the Service or to improve the functionality of our Service, or we are legally obligated to retain such data for longer time periods.
To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
TRANSFER OF DATA
Your information, including Personal Data, may be transferred to — and stored on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ to those in your local jurisdiction.
If you are located outside United States and choose to provide information to us, please note that this information, including Personal Data, is processed in the United States.
DISCLOSURE OF DATA
We may share your Personal Data with the parties, or in the circumstances, set out below. We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
- Service Providers: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related activities or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
- Disclosure for Law Enforcement: Under certain circumstances, Semanal Media may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court, a government agency, or law enforcement organization).
- Legal Requirements: Semanal Media may disclose your Personal Data to such third parties where such action is necessary to: comply with a legal obligation, protect and defend the rights or property of Semanal Media, prevent or investigate possible wrongdoing in connection with the Service, protect the personal safety of users of the Service or the public, or protect against legal liability.
- Professional Advisors: We will share your Personal Data with our professional advisors, including legal advisors and insurers, where this is necessary for the advice they provide. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
- Advertising Partners: We may share your information with our advertising partners. Please see “Marketing” and “Behavioral Remarketing” above. This means that when you are on another website, you may be shown advertising based on your browsing patterns on the Service. We may also show you advertising on the Service based on your browsing patterns on other sites that we have obtained from our advertising partners.
SECURITY OF DATA
The security of your data is important to us, but no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“DO NOT TRACK” SIGNALS UNDER CALIFORNIA ONLINE PRIVACY PROTECTION ACT (CALOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
If you are located in the EEA, and subject to national or local law exemptions, you have certain data protection rights in certain circumstances. Please contact us if you would like to exercise any of these rights.
- Right to withdraw consent at any time: This applies where we are relying on consent to process your Personal Data.
- Access: This enables you to receive a copy of the Personal Data we hold about you and to check that it is accurate and that we are processing it lawfully.
- Object: This enables you to object to processing of your Personal Data where we are relying on a legitimate interest and there is an impact on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override certain of your rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
- Correction: This enables you to have any incomplete or inaccurate Personal Data we hold about you corrected, though we may need to verify the accuracy of the new Personal Data you provide to us.
- Erasure: This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Portability: This enables you to request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Restriction: This enables you to ask us to suspend the processing of your Personal Data in the following circumstances: (a) if you want us to establish the information’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the Personal Data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your Personal Data but we need to verify whether we have overriding legitimate grounds to use it.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to the relevant EU Data Protection Authority about our collection and use of your Personal Data at any time. However, we would appreciate the opportunity to address your complaint in the first instance.
LINKS TO OTHER SITES
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 and we do not knowingly collect Personal Data from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
- By email: email@example.com
LA Weekly, LP
Last Updated: June 11, 2019
WHAT ARE COOKIES
Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
The period during which a cookie is stored on the device you are browsing with depends on whether it is a “persistent” or a “session” cookie. Session cookies are only stored on a device until the web browser is closed. Permanent cookies remain on the device after you have finished browsing until they expire or are deleted.
When you use and access the Service, we place a number of cookies files in your web browser.
- To enable certain functions of the Service;
- To provide data analytics on your use of the Service;
- To store your preferences;
- To enable advertisements delivery, including behavioral advertising.
We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:
Essential cookies. These are cookies that are required for the operation of our Services. They include, for example, cookies that enable you to log into secure areas of our Service.
Functionality cookies. We use these cookies to recognize you when you return to our Service. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Analytics cookies. We use analytics cookies to track information about how the Service is used so that we can make improvements (for example, to recognize and count the number of visitors and to see how visitors move around our website when they are using it). We also use analytics cookies to test new advertisements, pages, features or new functionality on the Service to see how our users react to them.
Advertising cookies. We use these cookies to offer you personalized and more relevant advertisements, to determine how many times a certain advertisement has already been shown, to calculate the effectiveness of a certain advertising campaign, to keep track of data from a previous visit and to share the data collected with the third parties involved, such as the advertisers.
In addition to the cookies we deliver to your device through the Service, certain third parties may deliver cookies to you for a variety of reasons.
We use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Website. To learn more about Google Analytics, click here. We also use Google’s AdSense and DoubleClick services. You can use Google’s Ads Settings to manage the Google ads you see and opt out of Ads Personalization. If you do not want information about your visit to the Service sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to Semanal Media.
You have choices about the collection of information by third parties through our Service. In addition to any opt-out features available through the third party websites above, if you would like to opt out of having participating entities collect your online behavior for advertising purposes when you are browsing our websites, click here for a US-based “Website Opt Out” and here for the EU-based Your Online Choices. You will be directed to industry-developed websites that allow you to choose whether each listed entity may collect and use data for interest-based advertising purposes. It may be that some of the third parties that collect interest-based information through the Service do not participate in the Website Opt Out or Your Online Choices, in which case the best way to avoid third party tracking of your online behaviors may be through your browser settings and deletion of cookies.
The Website Opt Out described above works only on websites. To opt out of having participating entities track your behaviors for advertising purposes when you are using mobile apps, download and use the Digital Advertising Alliance’s “App Choices” app. As with the Website Opt Out, the “Mobile App Opt Out” prevents tracking only by participating entities.
Please note that the Website Opt Out and Mobile App Opt Out are device specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices, you need take the steps outlined above for each device
WHAT ARE YOUR CHOICES REGARDING COOKIES
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
- For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
- For the Internet Explorer web browser, please visit this page from Microsoft: https://support.microsoft.com/en-us/help/278835/how-to-delete-cookie-files-in-internet-explorer
- For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
- For the Safari web browser, please visit this page from Apple: https://support.apple.com/kb/PH21411?locale=en_US
- For any other web browser, please visit your web browser’s official web pages.
WHERE CAN YOU FIND MORE INFORMATION ABOUT COOKIES
You can learn more about cookies and online advertising more generally through the following third-party websites:
- AllAboutCookies: https://www.allaboutcookies.org/
- Network Advertising Initiative: https://www.networkadvertising.org/
Without limitation, you agree to refrain from the following actions while using the Site:
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- Sending messages for the purpose of, or otherwise engaging in, disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, trojan horses or any other destructive element;
- Gaining or attempting to gain unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
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- Interfering with or disrupting the Site or servers or networks through which the Site is provided;
- Stalking or otherwise harassing any other person;
- Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity;
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site. You understand that any materials that you post, transmit, or otherwise make available for viewing on public areas of the Site and its social media channels, including but not limited to comments and messages posted in response to our news articles (collectively, “User Content”) are solely the responsibility of the person from whom such User Content originated. You agree that the Site may or may not, in its sole discretion, pre-screen, monitor or approve any User Content, but that the Site shall have no obligation to pre-screen, monitor or approve such Content. You acknowledge and agree that the Site shall have the right, but not the obligation, to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit, republish or delete any User Content for any reason whatsoever. Any user who violates the Terms may be permanently banned, at our sole discretion, from posting ads or using the Site.
You acknowledge, consent and agree that the Site may access, preserve and disclose your account information and User Content you upload, post, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce these Terms;
- respond to claims that any Content violates the rights of third parties
- respond to your requests for customer service; or
- protect the rights, property or personal safety of the Site, its users and the public.
USE OF MATERIALS:
Any User Content that you post, transmit, or otherwise make available for viewing on public areas of the Site, including but not limited to comments and messages posted in response to our news articles (collectively, “User Content”), will be treated as non-confidential and non-proprietary to you. You understand and agree that any such User Content may be used by the Site or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media. You grant the Site (and our affiliates) the irrevocable right to use and/or edit your User Content, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
TERMINATION OF ACCESS:
The Site has the right terminate your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Site liable for such termination, and further agree not to attempt to use the Site after termination.
COPYRIGHT AND TRADEMARKS:
All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. In posting content on the Site, you grant the Site, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.
NOTIFICATION OF INFRINGEMENT:
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your name, address, telephone number and e-mail address;
- A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our Copyright Agent can be reached as follows:
mail: 724 Spring St., Suite 703, Los Angeles, CA 90014
The Site may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.
The Site may impose a fee on the posting of Content in certain areas of the Site. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms. Under no circumstances will the Site provide a refund in the event that Content is removed from fee-based areas for violation of these Terms.
The Site has no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with the Site. Any websites linked to or from the Site are for your convenience only, and you access them at your own risk.
The Site assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Site is the responsibility of the person or persons posting the message. You understand that the Site does not control, and is not responsible for User Content available on the Site. The Site shall not be responsible for any interaction between you and the other users of the Site. Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Site is under no obligation to become involved in any disputes between you and other users of the Site or between you and any other third parties.
You are entirely responsible and liable for any User Content that you post or that is posted through your Account.
DISCLAIMER OF WARRANTIES FOR SITE:
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE CLASSIFIEDS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT ITS CLASSIFIEDS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY:
The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.
IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO
- THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE,
- ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR
- ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE’S ACTIVITIES. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Jurisdiction and Choice of Law: These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in the county of Los Angeles, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms to our feedback form.
SEVERANCE AND WAIVER:
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The Site’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.