1.1. Rules of Conduct: You must comply with all applicable laws, rules and regulations whileaccessing or using the Website and/or Services. In addition, we expect users to respect therights and dignity of others. Your use of the Website and/or Services is conditioned uponyour compliance with the rules set forth in this section. You must not:(A) Post, transmit, or otherwise make available, through or in connection with theWebsite or Services, (a) anything that could be (i) threatening, harassing,discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent orotherwise tortious; or (iii) obscene, indecent, pornographic or otherwiseobjectionable; (b) anything that could give rise to criminal or civil liability (includingany material protected by copyright, trademark, trade secret, right of publicity, orany other proprietary right for which you do not have the express prior consent ofthe owner of such right or in violation of any contractual, fiduciary or other legalobligation), or that encourages conduct that would constitute a criminal offense; (c)any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computercode, file or program that is potentially harmful or invasive, or may or is intended todamage or hijack the operation of, or to monitor the use of, any hardware, softwareor equipment; (d) any unsolicited or unauthorized advertising, promotional material,“junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity orother form of solicitation; or (e) any material, non-public information about acompany or any securities or other financial instrument, without the properauthorization to do so.(B) Use the Website or Services (a) to defame, abuse, harass, stalk, threaten, harvest orcollect personally identifiable information, or otherwise violate the legal rights ofothers, including rights of privacy or publicity; (b) to impersonate any person orentity, or falsely state or otherwise misrepresent your affiliation with any person orentity, or state or imply that we endorse any of your statements or Submissions (asdefined below); or (c) for any other fraudulent or unlawful purpose.(C) Interfere with or disrupt the operation of the Website or Services or the servers ornetworks used to make the Website or Services available (including by taking anyaction that imposes an unreasonable or disproportionately large load upon theWebsite or in connection with the Services or upon such servers or networks) orviolate any requirements, procedures, policies or regulations of such servers ornetworks.(D) Restrict or inhibit any other person from using the Website or Services (including byhacking or defacing the Website).(E) License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell,distribute, or exploit for any commercial purposes the Website or Services or anyaccess to or use of the Website or Services.(F) Modify, adapt, make derivate works of, translate, reverse engineer, decompile ordisassemble the Website or Services.(G) Remove any copyright, trademark or other proprietary rights notice from theWebsite or Services or any materials available through the Website or Services.(H) Frame or mirror any part of the Website or Services without Pariti’s express priorwritten consent.(I) Systematically download or store content from the Website or Services.(J) Use any robot, spider, site search/retrieval application or other manual or automaticdevice to retrieve, index, “scrape,” “data mine” or in any way gather content of theWebsite or in connection with the Services or reproduce or circumvent thenavigational structure or presentation of the Website or Services without Pariti’sexpress prior written consent. Notwithstanding the foregoing, Pariti grants theoperators of public search engines permission to use spiders to copy materials fromthe Website for the sole purpose of and solely to the extent necessary for creatingpublicly available searchable indices of the materials, but not caches or archives ofsuch materials. Pariti reserves the right to revoke these exceptions either generallyor in specific cases.(K) Additionally, you acknowledge and agree that you (and not Pariti) are responsiblefor obtaining and maintaining all telecommunications, broadband, and computerhardware, equipment and services needed to access and use the Website or Services,and paying all charges related thereto.1.2. User Account and Subscriptions: If You create a user account and/or subscribe to any of theServices, You will ensure that all usernames and passwords required to access the Servicesare kept secure and confidential. You are responsible to keep any of Your submitted data upto date and maintain the security of your account. You are fully responsible for all activitiesthat occur under the account and any other actions taken in connection with it. Providingfalse contact information of any kind may result in the termination of your account. You willimmediately notify us of any unauthorized uses of your account or any other breaches ofsecurity. We may suspend, disable, or delete your account (or any part thereof) if we2determine that you have violated any provision of these Terms or that your conduct orcontent would tend to damage our reputation and/or goodwill.
3.1. Generally: If You subscribe to a fee-based Service, the price and conditions of such Servicewill be stated separately during the subscription process and upfront before you make anypayments. Once payments are made, fees are non-refundable, and Services bought arenon-transferrable. Any sale or transfer of Services to third parties is not permitted. Forpayments to be made for fee-based subscriptions or Services, Pariti will use third-partyproviders such as payment gateways and other payment transaction processors. Suchthird-party providers have their own terms and policies in accordance to their respective lawsand jurisdiction and in respect to the information we are required to provide to them foryour purchase-related transactions. We recommend that you read their terms and policies soyou can understand the manner in which your personal information will be handled by theseproviders.3.2. Complete and Accurate Information: If your payment and registration information is notaccurate, current, and complete and you do not notify us promptly when such informationchanges, we may suspend or terminate your account and refuse any use of the Services. Ifyou do not notify our third party payment provider of updates to your payment method(e.g., credit card expiration date), to avoid interruption of the Services, they may participatein programs supported by your card provider (e.g., updater services, recurring billingprograms, etc.) to try to update your payment information, and you authorize us to continuebilling your account with the updated information that us or our third-party paymentprocessor obtain.
You will defend, indemnify and hold Pariti and its affiliates harmless from and against any and allsuits, claims, losses, liabilities, damages, judgments, costs and expenses (including attorneys’ fees) arising from(i) Your use of or access to, or inability to use or access, the Website, Content or Services, (ii) Your violationof any of these Terms, or (iii) any text, file, data and other content or other data you may upload.
USE OF THE SERVICES ARE AT YOUR OWN RISK. PARITI, ITS AFFILIATES,LICENSORS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE PERSONNEL ARE NOTLIABLE TO YOU OR ANY THIRD PARTIES WITH RESPECT TO THE WEBSITE, ANY WEBSITESLINKED TO IT OR ANY SERVICES FOR ANY CAUSE WHATSOEVER REGARDLESS OF THEFORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICTLIABILITY OR OTHERWISE), FOR ANY (1) MATTER BEYOND ITS REASONABLE CONTROL,(2) LOSS OR INACCURACY OF DATA, CONTENT, LOSS OR INTERRUPTION OF USE, OR COSTOF PROCURING SUBSTITUTE TECHNOLOGY OR SERVICES, (3) INDIRECT, PUNITIVE,INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGESINCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS ORGOODWILL, OR (4) DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (X)THE AMOUNTS PAID OR PAYABLE IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDINGTHE DATE ON WHICH THE CAUSE OF ACTION AROSE FOR THE SERVICE AT ISSUE EVENIF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (Y) $1.00. THESE LIMITATIONSAPPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
8.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of New York.8.2. Arbitration: Any and all disputes relating to or arising from these Terms (including the arbitrability thereof), shall be settled by binding confidential arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes(“AAA Consumer Rules”), both of which are available at the AAA website (athttp://www.adr.org) or any successor provision thereto. Any arbitration will be conducted on an individual, rather than a class-wide, basis. Any party aggrieved will deliver a notice tothe other party setting forth the specific points in dispute. Any points remaining in dispute thirty (30) days after the giving of such notice may be submitted to AAA arbitration conducted before a single neutral arbitrator in New York. The arbitrator shall be appointed by agreement of the parties hereto. The arbitrator may enter a default decision against any party who fails to participate in the arbitration proceedings. The decision of the arbitrator onthe points in dispute will be final, unappealable and binding, and judgment on the award maybe entered in any court having jurisdiction thereof. The parties agree that this provision has been adopted to rapidly and inexpensively resolve any disputes between them and that this provision will be grounds for dismissal of any court action commenced by either party with respect to these Terms, other than post-arbitration actions seeking to enforce an arbitrationaward or proceedings seeking equitable relief as permitted by this Section 8.2. Each party will bear its own expenses and the fees of its own attorneys. The parties and the arbitrator will keep confidential, and will not disclose to any person, except the parties’ advisors and legal representatives, or as may be required by law or to enforce in court an arbitrator’s award, the existence of any dispute hereunder.