1. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.
2. Acceptance of Agreement. You agree to the terms and conditions set forth in the Agreement with respect to your use of the Site and Content (as defined below) when you access the Site. The Agreement constitutes the entire and only agreement between you and JDK with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Site. JDK may amend the Agreement from time to time in her sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute).
3. Description of the Site. The Site provides users with an opportunity to: (a) view certain artwork, text, images and other content (collectively, "Content"); and (b) obtain information on JDK-related products, services, art showings and events. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that JDK is not responsible or liable in any manner whatsoever for your inability to use the Site. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute that you may have with JDK.
5. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated Content in accordance with the Agreement. JDK may terminate this license at any time for any reason. You may use the Site for your own personal, non-commercial use. No part of the Site or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Content or any portion thereof. JDK reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on JDK infrastructure. Your right to use the Site is not transferable.
6. Proprietary Rights. The organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site including, without limitation, the Content, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. Systematic retrieval of Content or any other material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from JDK is prohibited. You do not acquire ownership rights in or to any Content, document, software, services or other materials viewed at or through the Site. The posting of Content, information or other material on the Site by JDK does not constitute a waiver of any right in or to such information and/or materials.
7. Editing, Deleting and Modification. JDK reserves the right in her sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
8. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and JDK will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
9. Indemnification. You agree to indemnify and hold JDK harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Content; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity.
10. Disclaimer of Warranties. THE SITE, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES FEATURED ON THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, JDK MAKES NO WARRANTY THAT: (A) THE SITE, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES FEATURED ON THE SITE WILL MEET YOUR REQUIREMENTS; OR (B) THE SITE, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES FEATURED ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE SITE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. JDK WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JDK OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT JDK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JDK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES FEATURED ON THE SITE; (B) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, IF ANY; AND/OR (C) ANY OTHER MATTER RELATING TO THE SITE, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES FEATURED ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE JDK FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF JDK TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE JDK FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND JDK. THE SITE, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES FEATURED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
12. Third Party Websites. The Site may provide and/or refer you to other Internet websites and/or third party resources. Because JDK has no control over such third party websites and/or resources, you hereby acknowledge and agree that JDK is not responsible for the availability of such third party websites and/or resources. Furthermore, JDK does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
13. Miscellaneous. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against JDK and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that JDK incurs in seeking such relief. The 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. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and JDK and governs your use of the Site, superseding any and all prior and/or contemporaneous agreements between you and JDK. To the extent that anything contained on or associated with the Site and/or any JDK offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. JDK's failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
14. Contact Us. If you have any questions regarding the Agreement, or would like more information from JDK, please contact us at firstname.lastname@example.org.