PostStats.com LLC ("PostStats") operates PostStats.com and affiliated websites* (collectively, the "Website") in order to provide services to its members. his is a Terms of Service (the "TOS") document that constitutes and serves as the agreement between PostStats and you and governs your use of, and membership in, the Website. Please read this document carefully. Acceptance of these terms will be acknowledged by your continued use of the Website. Poststats reserves the right at any time to add, change, delete or modify any or all portions of the TOS. You can review the most current version of the TOS at http://www.poststats.com/c?n=terms-of-service. If you do not wish to accept the TOS or any changes to the TOS, immediately discontinue use of the Website and cancel your membership with PostStats.
2.1. SERVICE As a member of the Website, you understand and agree that PostStats' service includes posting your name, address, height, weight, occupation, gender, photographs and other personal information that is available to see by other members. Portions of our content and your personal information may also be made accessible to non-members at PostStats' discretion (such as, for example, to promote the Website). Other personal information will also be required for administrative purposes only (and will not be made public to anyone), and is further addressed in the PostStats Privacy Policy.
2.1.1. As a member you also receive access to robust resources and services ("Resources and Services"), such as personalized content (including but not limited to news articles, player profiles and player rankings), communications, news, statistics, surveys, search features, weather updates, photo postings, communities, leagues, and tournaments. You understand that PostStats may change its Resources and Services and/or add additional features at any time in its sole discretion. You also understand that the Website and the Resources and Services are provided "AS IS" and "AS AVAILABLE."
2.1.2. You also understand and agree that, as part of being a member, you may receive service or administrative announcements. While PostStats may enable members to "opt out" of receiving commercial solicitations, you will not be able to "opt out" of receiving service or administrative announcements from PostStats.
2.1.3. You accept that PostStats assumes no responsibility for the timeliness, deletion or failure to store statistics or personalized settings.
2.2. FEES & PAYMENT Your Resources and Services are contingent upon payment of your membership fees through the PostStats billing system. PostStats reserves the right to contract with whichever third party billing provider that it chooses and to change such provider at any time.
2.3. Your payment of membership fees is a condition to you becoming a member of the Website. By paying such fees you acknowledge that you have read the TOS and understand and agree to the terms and conditions contained in the TOS. Automatic renewal of your membership will occur on an annual basis, and PostStats will bill you for the renewal. PostStats reserves the right to increase your membership fee at any time upon a renewal. PostStats will provide you with at least ten (30) days prior notice if your membership fee will increase. If you elect not to continue your membership with the Website, you may cancel at any time by going to customer-service@poststats.com (any pre-paid membership fees will not be refunded). Upon receipt of your request, your membership to the Website, and your ability to use the Resources and Services, will be terminated immediately (or upon a designated date, if that functionality is available).
3.1. You accept that PostStats may establish data archive protocols (the archiving and/or deletion of older data) as a general practice, and that such archive protocols may limit certain content of our Resources and Services, particularly older content. PostStats has no obligation to provide archived data once data has been removed or deleted from the Website. PostStats also reserves the right to maintain and use your data for the Resources and Services that it provides to other members. You understand and agree that PostStats has no responsibility or liability for the removal or failure to store or maintain any content or statistics. You also accept that PostStats reserves the right to log off any user accounts that are inactive for an extended period of time.
3.2. You accept that data submitted to and accumulated by the Website and/or PostStats are the property of PostStats. PostStats may use this data for various Website and business activities, such as, but not limited to, the compilation of statistics (for example: average putts per round of all members), the posting of individual and collective statistics in a category (for example: longest driver), the posting of geographic averages (for example: number of rounds played by members in Ohio) and other such postings derived from the data. All data submitted to PostStats will remain the property of PostStats and will not be returned to you. PostStats may share certain information with third parties. Further detail about PostStats' use of personal information is outlined in the Privacy Policy.
3.3. All information that is collected by PostStats is subject to our Privacy Policy. Each member is required to review and understand the complete Privacy Policy. You accept that by being a member and through the use of the Resources and Services, you are consenting to the collection and use of your data and information, as further detailed here and in the Privacy Policy.
In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with that access. In addition, you must provide all equipment necessary to make the connection to the World Wide Web, including a computer and modem or other access device. You understand that, as a condition to being a member and using the Resources and Services that PostStats provides, you may not reproduce, download, copy or modify any portion of the Website. You may only use the Website for personal and entertainment purposes, and you shall not use the Website to conduct business or the business of a third party. Unauthorized use of the Website is cause for immediate termination of your membership.
5.1. By accessing the Website and being a member, you hereby represent that you are at least 18 years of age. You also agree to: (a) provide true, accurate, current and complete personal information about yourself as prompted by PostStats' registration and membership forms; and (b) maintain and promptly update such registration information to keep it true, accurate, current and complete. If you provide any personal information that is untrue, inaccurate, not current or incomplete, or PostStats has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PostStats reserves the right to terminate your membership and refuse any and all current or future use of the Website and the Resources and Services.
5.2. PostStats is concerned about the safety and privacy of the members of the Website. For this reason, persons under the age of 18 are not permitted to use the Website or to access the Resources and Services.
6.1. Upon completion of the Website membership registration process, you will be asked to create a user name and password. You will use this user name and password to access the member portions of the Website and the Resources and Services. You accept that it is your responsibility to keep this information confidential and you are responsible for any and all activities that take place under your account. This includes granting permission of your account to community administrators and/or another member. If you suspect unauthorized use of your account, it is your responsibility to immediately notify PostStats. PostStats also recommends that you "sign out" when you are not using your account. PostStats disclaims, and you shall hold PostStats harmless from, any and all liability as a result of any loss or damages resulting from your failure to comply with the security measures described above.
6.2. After using your membership account on the Website, you should "sign out" of your account. You accept that PostStats reserves the right to "sign out" or log off any member accounts that are inactive for a period of time (such as 15 minutes).
7.1. You accept that you will not hold PostStats liable for any change or discontinuance of the Website or the Resources and Services. PostStats attempts to provide the best services possible for sport amateurs. However, PostStats reserves the right to modify or discontinue (temporarily or permanently) its services at any time with or without notice to the members or communities.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, links, messages or other materials or communications ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom that Content originated. This means that you, and not PostStats, are entirely responsible for all Content that you upload, post, email or otherwise transmit using the Website. PostStats does not pre-screen Content submitted by others, but PostStats has the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content on the Website.
You may not use the Website to:
- upload, post, email or otherwise transmit any Content that, under the circumstances in PostStats' good faith judgment is, or is likely to be perceived by an intended recipient or target as, unlawful, harmful, threatening, abusive, harassing, "stalking," tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a PostStats representative, community manager or other, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or use any distribution lists to any person who has not given specific permission to be included in that type of process;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt use or enjoyment of the Website or servers or networks connected to the Website or the internet, or disobey any requirements, procedures, policies or regulations of those networks;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations relating to the export or transmission of technical data, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website without written consent; or
- violate generally prevailing "netiquette" (such as respect for others' ideas and privacy, no personal attacks, no profanity or obscenity, staying "on topic" in discussions), or rules that may apply to specific portions of the Website that you view or use, including, but not limited to, clubs or community rules and third party Website restrictions.
Recognizing the global nature of the internet, you must comply with all local rules regarding online conduct and acceptable Content. Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, note that the laws of certain countries may restrict certain online activity and it is your responsibility to comply with these TOS as well as applicable laws, rules and regulations.
The Website may provide links to other internet sites. These external sites contain information created and maintained by other persons and entities and are provided for the members' convenience. PostStats does not control nor can it guarantee the accuracy, relevance, timeliness, completeness, or appropriateness of any information contained on such other sites. The information or opinions contained on other sites do not necessarily represent the views of PostStats.
The Website may include advertisements of or by third parties. You acknowledge and agree that PostStats is not liable for your interaction or dealings with advertisers made available through the Website and your interaction with such advertisers is between you and the advertiser alone.
The Website includes public content. This is content that is available to non-members and other visitors to the Website. The intent of the public content is to be available for public viewing, and serves to advertise the benefits of being a member, among other things. For example, publicly accessible areas of the Website will include portions of communities, and certain personal information, such as member name, address and photography. Please visit the public homepage of the Website at www.PostStats.com to see the types of information that is publicly available.
PostStats does not control or endorse all Content posted via the Website and so does not guarantee the accuracy, reliability, integrity or quality of that Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PostStats be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted using the Website. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of that Content. In this regard, you may not rely on any Content, including, but not limited to, information in message boards, communities, profiles, and in all other parts of the Website.
You acknowledge and agree that all Content is protected by copyrights or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Content, unless you have obtained prior written permission from PostStats and/or the owner of the proprietary rights to the specific Content.
PostStats, in its sole discretion, may terminate your password, membership (or any part of your account) or use of the Website, and remove and discard any Content within the Website, for any reason, including but not limited to, for lack of use or if PostStats believes that you have violated or acted inconsistently with the letter or spirit of these TOS. PostStats may also in its sole discretion and at any time discontinue providing the Website or any Resources and Services, or any part thereof, with or without notice. Any termination of your access to the Website (or any portion of the Website) under any provision of these TOS may be made without prior notice, and PostStats (or one or more of its service providers) may immediately deactivate or delete your membership and all related information and files associated with your membership. Further, neither PostStats nor any of its service providers is liable to you or any third-party for any termination of your membership. Finally, termination does not relieve you of the consequences of your actions while using the Website before termination. The following provisions of these TOS survive termination, as well as all other provisions which by their nature should continue: Sections 8, 11, 13, 14, 15, 17, 18, 19, 21, and 22. Otherwise, neither PostStats, nor its service providers, nor you, will have any obligation whatsoever to the other after any cancellation or termination of your membership.
You shall indemnify and hold PostStats, and its subsidiaries, affiliates, co-branders, service providers, and their respective directors, members, managers, officers, employees, agents and contractors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content that you provide, your use of the Website, your connection to the Website, your membership with the Website or PostStats, your violation of these TOS, or your violation of any rights of another.
Memberships are non-transferable. You may not sell, assign, or otherwise transfer your membership. Any attempt to do so is void, and shall subject you to immediate termination of your membership.
The Website may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in advertisements or information presented to you via the Website or through advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PostStats (or advertisers with respect to the materials they present), you may not (and may not allow any third party to) copy, modify, rent, lease, loan, sell, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website or in your membership, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE RESOURCES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EACH OF POSTSTATS AND ITS SERVICE PROVIDERS 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 AND NON-INFRINGEMENT;
- NEITHER POSTSTATS NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY WARRANTY THAT (i) THE WEBSITE OR THE RESOURCES AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE OR THE RESOURCES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE RESOURCES AND SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO BY YOU THROUGH THE WEBSITE OR THE RESOURCES AND SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE OR DEFECTS IN THE WEBSITE OR THE RESOURCES AND SERVICES WILL BE CORRECTED;
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL; AND
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POSTSTATS OR ANY OF ITS SERVICE PROVIDERS OR THROUGH OR FROM THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER POSTSTATS NOR ANY OF ITS SERVICE PROVIDERS IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF POSTSTATS OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE), RESULTING FROM:
- THE USE OR INABILITY TO USE THE WEBSITE OR THE RESOURCES AND SERVICES;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE OR THE RESOURCES AND SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE;
- CHANGES TO THESE TERMS OF SERVICE;
- FAILURE BY POSTSTATS TO ENFORCE THESE TERMS OF SERVICE;
- TERMINATION, SUSPENSION OR UNAVAILABILITY OF THE WEBSITE OR ANY PART THEREOF OR ANY OF THE RESOURCES AND SERVICES; OR
- ANY OTHER MATTER RELATING TO THE WEBSITE.
PostStats, the PostStats logo, PostStats.com and other designated trademarks and service marks, and all other PostStats logos and product and service names, are trademarks or service marks of PostStats. Without PostStats' prior written permission, you may not display or use in any manner these PostStats trademarks.
Please note that these provisions govern your rights to bring any claim against PostStats, and that by using the Website you are giving up your rights to a jury trial.
- Arbitration. To resolve any dispute quickly and economically, and to preserve their privacy and on-going business relationships, each of you and PostStats (sometimes called the "parties") agree, upon written demand made by one of us to the other, to submit to binding arbitration all claims, disputes, and controversies between or among us (and any of our respective employees, officers, directors, attorneys, and other agents), whether in tort, contract, or otherwise arising out of or relating in any way to these TOS and/or use of the Website.
- Governing Rules. Any arbitration proceeding will (i) proceed in a location in Franklin County, Ohio, selected by the American Arbitration Association ("AAA"); (ii) be governed by the Federal Arbitration Act (Title 9 of the United States Code), notwithstanding any conflicting choice of law provision in any of the documents between the parties; and (iii) be conducted by the AAA, or such other administrator as the parties shall mutually agree upon, in accordance with the AAA's commercial dispute resolution procedures (hereinafter the "Rules"). If there is any inconsistency between the terms listed here and the Rules, the terms and procedures set forth here shall control. Any party who fails or refuses to submit to arbitration following a demand by any other party shall bear all attorney fees, costs, and expenses incurred by such other party in compelling arbitration of any dispute.
- Provisional Relief In Aid Of Arbitration. The arbitration procedure set forth in this section does not limit the right of any party to obtain provisional or ancillary remedies and relief from any court in Franklin County, Ohio in aid of arbitration, such as injunctive relief, attachment, or the appointment of a receiver, before, during, or after the pendency of any arbitration proceeding.
- Arbitrator Qualifications and Powers. Any arbitration proceeding instituted hereunder shall be decided by a panel of three arbitrators. Each of you and PostStats shall have the right to select one arbitrator of its choosing, provided, however, that such arbitrator is an attorney licensed to practice in at least one of the fifty (50) states that comprise the United States and who has no prior business or other type of relationship with any of the parties. The arbitrators selected by the parties shall then meet and agree upon a third arbitrator, who shall be an attorney licensed to practice in the State of Ohio and who maintains an active practice of law in Franklin County, Ohio. The three arbitrators selected for any arbitration proceeding hereunder shall collectively be called the "Panel." Each member of a Panel shall have authority to vote on any matter on which he is seated provided that said arbitrator actively participates in all hearings and deliberations. The Panel will have final authority to determine whether an issue is or is not arbitratable and will give effect to the applicable statutes of limitation in determining any claim. In any arbitration proceeding on which it sits, the Panel shall permit pre-hearing motions, which are similar to motions to dismiss for failure to state a claim and motions for summary adjudication that are used in courts of law and equity and will rule upon such motions at least 30 days before conducting any hearing hereunder. The Panel may conduct a hearing or resolve the case solely through submission by the parties of arbitration briefs. The Panel shall resolve all disputes in accordance with the substantive law of Ohio and may grant any remedy or relief that a court of the State of Ohio could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award. The Panel shall also have the power to award recovery of all costs and fees, including attorney fees, to impose sanctions, and to take such other action as the Panel deems necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the Ohio Rules of Civil Procedure or other applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief.
- Discovery. In any arbitration proceeding discovery will be permitted in accordance with the Rules. All discovery shall be expressly limited to matters directly relevant to the dispute being arbitrated and must be completed no later than 30 days before the hearing date and within 180 days of the filing of the dispute with the AAA. Any requests for an extension of the discovery periods, or any discovery disputes, will be subject to final determination by the Panel upon a showing that the request for discovery is essential for the party's presentation and that no alternative means for obtaining information is available.
- Issuance of Ruling. The Panel shall issue a written opinion within sixty (60) days of the final day of any hearing, or if no hearing is conducted, within sixty (60) days of receipt of the final position paper received from the parties. The written opinion shall set forth the decision of at least two (2) members of the Panel. The written opinion of the Panel shall set forth expressly all findings of fact made by the Panel, all legal authorities relied upon by the Panel, and shall include a final determination or adjudication of the dispute.
- Finality and Appeal Of Panel Ruling. All issues of fact that are actually determined by the Panel are final and not subject to review. All issue of fact that are not actually determined by the Panel as required by subsection (f) of this section and all issues of law are subject to review by the Franklin County Court of Common Pleas and any subsequent appellate court.
- Class Proceedings and Consolidations. The resolution of any dispute arising pursuant to the terms of this Agreement shall be determined by a separate arbitration proceeding and such dispute shall not be consolidated with other disputes or included in any class action proceeding.
- Payment Of Arbitration Costs And Fees. The parties agree to share equally all costs of the arbitration, including but not limited to, costs related to the filing of the arbitration proceeding with the AAA, the costs of the arbitrator, any other costs incurred in proceeding with the arbitration, and any costs incurred in appealing any decision of the Panel. Each party agrees to bear its own attorney fees in prosecuting or defending any arbitration proceeding brought hereunder, and further agree that such attorney fees shall not be awarded in favor of or against any party in the arbitration proceeding under any circumstances.
- Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall take all action required to conclude any arbitration proceeding within 180 days of the filing of the dispute with the AAA. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. This arbitration provision shall survive termination, amendment, or expiration of these TOS or any relationship between the parties.
21.2. WAIVER OF RIGHT TO TRIAL BY JURY. EACH PARTY TO THESE TOS AND EACH USER/MEMBER OF THE WEBSITE HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION (a) IN ANY WAY RELATING TO THIS OR AFFECTED BY THESE TOS OR (b) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY PARTY TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT OR ARBITRATION PANEL AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF ANY RIGHT THEY MIGHT OTHERWISE HAVE TO TRIAL BY JURY.
21.3. Time Bar To Claims. EACH PARTY MUST INITIATE ARBITRATION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR THAT PARTY WAIVES THE RIGHT TO PURSUE A CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
- Notices to you may be made via either email or regular mail. PostStats may also, but is not required to, provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the Website.
- You agree that these TOS and the relationship between you and PostStats are governed exclusively by the laws of the State of Ohio without regard to its conflict of law provisions. You and PostStats shall submit to the personal and exclusive jurisdiction of the courts located within Franklin County, Ohio. The United Nations Convention of Contracts for the International Sale of Goods does not apply to these TOS. This is a services contract and not a contract for the sale of goods. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these TOS must be filed within one year after that claim or cause of action arose or be forever barred.
- The failure of PostStats to exercise or enforce any right or provision of these TOS does not constitute a waiver of that right or provision.
- If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS shall remain in full force and effect.
- The section titles in these TOS are for convenience only and have no legal or contractual effect.
- These TOS constitute the entire agreement between you and PostStats and govern your use of the Website, superseding any prior representations, proposals, inducements, assurances, promises, agreements and any other communications between you and PostStats with respect to the subject matter of these TOS. Neither the course of conduct between you, PostStats and/or its service providers, nor trade practice modifies these TOS. You also may be subject to additional terms and conditions that may apply when you use services available through the Website, third-party content or third-party software.
Please report any violations of these to the PostStats Customer Service Team at customer-service@poststats.com. If you are not sure if material that you view, or material that you are considering providing, violates these TOS, seek help as defined online where you are considering providing the material. Please become and remain familiar with these TOS and any other terms or guidelines that may apply to the areas of the Website that you view or use.
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