YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS
AND CONDITIONS OF USE.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE PLATFORM AND YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.
2. Limitations on Use; Third Party Communications.
2.2. Third Party Communications. Penelope disclaims all liability for any Third Party Communications, as defined below, that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Penelope assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website or Content.
5. No Solicitation. You shall not distribute on or through this Website any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Penelope.
6. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Penelope will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
7. Errors and Corrections. Penelope does not represent or warrant that this Website or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Penelope does not warrant or represent that the Content will be correct, accurate, timely, or otherwise reliable. Penelope may make improvements and/or changes to its features, functionality or Content at any time.
8. Third Party Content. Third party content may appear on this Website or may be accessible via links from this Website. Penelope shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Penelope. Further, information and opinions provided by employees and agents of Penelope in Interactive Areas are not necessarily endorsed by Penelope and do not necessarily represent the beliefs and opinions of Penelope.
9. Assumption of Risk. Unless prohibited by law, you assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Website and/or Content, unless they are caused by Penelope’s negligent act or omission.
10. DISCLAIMER. UNLESS PROHIBITED BY LAW, THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND PENELOPE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNLESS PROHIBITED BY LAW, PENELOPE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE CONTENT OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE OR THE CONTENT, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THE CONTENT.
11. LIMITATION OF LIABILITY. UNLESS PROHIBITED BY LAW, PENELOPE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE OR THE CONTENT, OR ANY FACTS OR OPINIONS APPEARING IN ANY THIRD PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, PENELOPE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE THE CONTENT, OR ANY THIRD PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PENELOPE’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND PENELOPE AGREE THAT, UNLESS PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF PENELOPE AND ALL PARTIES TO ANY SUCH PROCEEDING.
13. Third Party Rights. The provisions of paragraphs 10 (Disclaimer), 11 (Limitation of Liability) and 12 (Indemnification) are for the benefit of Penelope and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.