1. AGREEMENT TO TERMS FOR USE OF WEBSITE INCLUDING MANDATORY ARBITRATION
2. SPONSORED SWEEPSTAKES (GENERAL)
3. INTELLECTUAL PROPERTY RIGHTS
Access to the Website or a Promotion through the Website may require you to register using an email address and a password. During the registration process, you will create a unique login. Only one User can use each email address and corresponding password. Anyone with knowledge of both your email address and password can gain access, thus you agree to keep your password secret. You agree to be solely responsible for the confidentiality and use of your password as well as for any communication or interaction entered through the Website when using your password. You will immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your password. We reserve the right to delete or change a password at any time and for any reason.
6. FRAUDULENT ACTIVITY & SECURITY
You agree not to bypass or attempt to bypass the home page of this Website and "deep link" to any other page in this Website or frame our content within another website, or copy or use our content in another medium without Our express written permission.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF TRIVIADRAWS OR ANY SWEEPSTAKES ASSOCIATED WITH THIS WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE PROGRAM PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED.
7. DMCA NOTICE
It is the policy of TriviaDraws to promptly process and investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA").
Pursuant to the DMCA, TriviaDraws has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a TriviaDraws website, please notify our designated agent by postal mail at:
15500 SW Jay St #32520
Beaverton, OR, 97006
We will review your claim and respond as it deems appropriate, which may include temporary or permanent removal of the allegedly infringing Content from the Website. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
8. THIRD PARTY PRODUCTS/SERVICES
The Website may feature advertisements, links, materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do we guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party materials, products and services, or any other materials, products and services which may be accessed or acquire through such third party materials, products and services. We expressly disclaim responsibility and liability for all third party materials, products and services contained on or accessed through the Website.
9. DISCLAIMER OF WARRANTIES
Some jurisdictions may not allow the exclusion of implied warranties. Without limiting the foregoing, we neither warrant nor represent that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any emails, transmissions, posts, and the like that may be on the Website, we assume no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Website.
10. EXCLUSION OF LIABILITY
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF OUR AFFILIATES, PARENT COMPANIES, OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. ACCESS AND USE OF THE WEBSITE IS AT YOUR SOLE RISK.
Both you and we acknowledge that we have entered into this agreement in reliance upon the limitations of liability and disclaimer of warranties and damages as set forth above and that the same form an essential basis of the bargain between us. We and you agree that the limitation and exclusions of liability and disclaimers in this Agreement shall survive an apply even if found to have failed their essential purpose.
11. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by JAMS, and conducted under The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("JAMS Rules") then in effect at the time of the dispute. You may obtain copies of the JAMS Rules and forms and instructions for initiating arbitration by visiting the JAMS website at www.jamsadr.com. If for any reason JAMS is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration we will promptly reimburse you for any standard filing fee which may have been required under JAMS' Procedures once you have notified us in writing and provided a copy of the arbitration proceedings. However, if we are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to us including the filing fee.
If we have a dispute, we will submit our dispute for resolution by arbitration before JAMS in Wyoming. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration and the arbitrator awards you relief we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against us and may not preside over any kind of representative or class proceeding against us. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first visit the Website.
12. LINKS TO THIRD PARTY WEBSITES
The Website, sweepstakes, Content, emails or other transmissions may contain links to Websites owned or operated by parties other than us. These links are provided for your convenience only. We do not control, and are not responsible for, the content or privacy policies on, or the security of, such Websites and disclaim any responsibility relating to such Websites. Neither do we endorse the content, or any products or services available, on such Websites.
13. REVISIONS TO THE TERMS
14. GENERAL PROVISIONS
15. ELECTRONIC SIGNATURE
16. CONTACT INFORMATION
TriviaDraws.com, 15500 SW Jay St #32520, Beaverton, OR, 97006