Last revised and effective as of: April 20, 2015
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY RED ROCK MEDIA, LLC. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF WEEDHORN AND THE SERVICES OWNED AND OPERATED BY WEEDHORN. BY USING WEEDHORN IN ANY MANNER, INCLUDING BUT NOT LIMITED TO, VISITING, BROWSING OR POSTING TO THE SITE WWW.WEEDHORN.COM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF WEEDHORN, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER INFORMATION OR MATERIALS ON THE SITE.
Our Terms of Service spell out the rules Weedhorn uses to govern the intellectual property on this site. Essentially, this is a contractual agreement between Red Rock Media, LLC and you, the user of this site and its services. Read the information below to figure out specifically what can and cannot be done with the work seen on this site without our permission, and to understand the restrictions on what each of us is and will be responsible for in relation to the service.
1. ACCEPTANCE OF TERMS OF SERVICE
By accessing, browsing, or otherwise using the www.WEEDHORN.COM website (the "Service") you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.
2. DESCRIPTION OF THE SERVICE
General Description. The Service is a collaborative website that allows Weedhorn.com members to share their ideas and interests with the WEEDHORN community. Through the Service you are able to comment on content found in WEEDHORN. You can create your own posts, and you can upload your photo and tell us about yourself in your member profile. You can also make connections with friends and learn about others in the WEEDHORN community.
Adults Only. The Service is intended for adults only. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the WEEDHORN.COM website is not intended for children under 13. If you are under 13 years of age, then please do not use the WEEDHORN.COM website. Talk to your parents or legal guardian about what sites may be appropriate for you.
Right to Modify Service. WEEDHORN reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any content (whether submitted by WEEDHORN or by a member) for any reason, without prior notice or liability.
Changes to these Terms of Service. WEEDHORN reserves the right to modify these Terms of Service at any time, and without prior notice, by posting amended terms at this website Weedhorn.com/about/terms. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 10 days of their posting on the WEEDHORN.com website. If we make changes you are responsible to check the site to review the Terms of Service effective date from time to time. Your continued use of the Service indicates your acceptance of the current Terms of Service.
3.WEEDHORN MEMBER ACCOUNT
- A.all required registration information you submit is truthful and accurate;
- B.you will maintain the accuracy of such information;
- C.you are eighteen (18) years of age or older;
- D.you are not currently restricted from the Weedhorn Services, or not otherwise prohibited from having a Weedhorn account;
- E.you will not use Weedhorn if you are a convicted sex offender;
- F.you have full power and authority to enter into this Agreement;
- G.you will not violate any rights of Weedhorn, including intellectual property rights such as copyright or trademark rights; and
- H.your use of the Services does not violate any applicable law or regulation.
Your Weedhorn Profile may be deleted without warning if we have reason to believe that you do not meet any of the eligibility requirements.
3.2 Registration and Account Security
You are responsible for your use of the Service, for any Content (defined below) that you post to the Services, and for any consequences thereof.
You are responsible for all activity that occurs under your Username.
- A.You are solely responsible for your conduct and any Content that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your Username.
- B.You must not harass, threaten, impersonate, or intimidate other WEEDHORN members.
- C.You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- D.You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
- E.You must not transmit any worms or viruses or any code of a destructive nature.
- F.You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
- G.You must not use the Service for any illegal or unauthorized purpose. If you are an international member, you agree to comply with California and United States Federal Laws regarding online conduct and acceptable Content.
- H.You must not create multiple member accounts with the intention of artificially inflating ratings or exploiting other features in the Service.
- I.You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant WEEDHORN all of the license grants granted herein.
- J.You agree that you shall be solely responsible for your own Content and the consequences of posting or publishing it.
WEEDHORN reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of WEEDHORN at any time, for any or no reason, without prior notice or warning, and without liability.
4. CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON THE SERVICE
The Service permits you to share pictures, text, links or other content ("Content") with members of the Service by uploading or posting Content to the Service. All Content that you originate is your sole responsibility. Content may not necessarily be reviewed by WEEDHORN prior to posting and does not necessarily reflect the opinions or policies of WEEDHORN. WEEDHORN makes no warranties, and hereby expressly disclaims all such warranties, express or implied, as to the Content or accuracy and reliability of the Content or any material or information that you transmit to other members.
4.1 License Grants.
When you post your own copyrightable Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However by posting your Content through the Service you grant WEEDHORN a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, prepare derivative works of, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees. You understand that your content may be modified, syndicated, distributed or published by WEEDHORN or WEEDHORN's partners, and if you do not have the right to submit the content for such use, it may subject you to liability.
4.2 Links to Other Sites and Resources.
The Service contains links to other websites or resources. WEEDHORN has no control over such external sites and resources. You agree that (i) WEEDHORN is not responsible for the availability or accuracy of such external sites and resources, and (ii) WEEDHORN does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources.
Inappropriate Member-Submitted Content. WEEDHORN prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) WEEDHORN is not and cannot be responsible for Content posted by users, visitors, or members of the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.
Although Weedhorn is a private company, we aspire to respect constitutionally guaranteed rights of expression of people in the countries they reside. The following are examples of the kind of activities that are illegal or prohibited on the Weedhorn Website and through your use of the Weedhorn Services. Weedhorn reserves the right to investigate and take appropriate legal action against anyone who, in Weedhorn's sole discretion, violates these provisions, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- A.Publish, distribute and/or disseminate any harmful, bigotry, racism, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hatred, or physical harm of any kind against any group or individual on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- B.Abuse, stalk, threaten, harass or advocate harassment of another person;
- C.Violate or attempt to violate the privacy rights, publicity rights, copyrights, trademark rights, or any other rights of any person.
- D.Submit material that contains nudity or depicts a human being engaged in actual sexual conduct including but not limited to (a) excessive violence, (b) exploits people in a sexual or violent manner, sadistic or masochistic abuse; (c) sexual intercourse; (d) bestiality; (e) lascivious exhibition of the genitals or private area of any person; (f) offensive subject matter; (g) contains a link to an adult website;
- E.Involvement in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner;
- F.Solicit personal identifying information or passwords from anyone under the age of eighteen (18);
- G.Promote or encourage illegal or criminal activity including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- H.Publicly posting information that poses or creates a privacy or security risk to any person;
- I.Use sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile;
- J.Imply or state, directly or indirectly, that you are affiliated with or endorsed by Weedhorn unless you have entered into a written agreement with Weedhorn;
- K.Impersonate or attempt to impersonate Weedhorn or a Weedhorn employee, administrator, moderator, another Member, or person or entity;
- L.Advertising to, or solicitation of any Member to buy or sell any products or services through the Weedhorn Services without their prior explicit consent;
- M.Create a user profile for anyone other than a natural person;
- N.Register for more than one User account or register for a User account on behalf of an individual other than yourself;
- O.Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Weedhorn except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- P.Submit materials of any third party without such third party's prior written consent, or materials that falsely express or imply that such materials are sponsored or endorsed by Weedhorn;
- Q.Remove, obscure, or alter any Weedhorn's copyright notice, trademarks, or other proprietary rights notices, including any of its licensors;
- R.Modify, copy, distribute, download, perform, sell, transmit or create derivative works in any form or by any means, in whole or in part, any Content from the Weedhorn Services other than your Content which you legally post on, through or in connection with the Weedhorn Services;
- S.Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- T.Modify, adapt, translate, or reverse engineer any portion of the Weedhorn Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Weedhorn.com Service.
- U.Attempt to gain unauthorized access to the Weedhorn Service, other accounts, computer systems or networks connected to the Weedhorn Service, through password mining or any other means.
- V.Transmit, email or post any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', 'spimming', 'spamming' or any other form of such solicitation;
- W.Harvest or collect email addresses or other contact information of members, including usernames, from the Weedhorn website by electronic or other means;
- X.Use manual or automated software, such as, but not limited to, scripts, devices, robots, or other means to add friends or send/add comments, messages, status updates, blogs or bulletins or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
- Y.Use the Weedhorn.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
- Z.Using any information obtained from the Weedhorn Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
- AA.Solicit or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
- BB.Rent, lease, loan, trade, sell/re-sell access or otherwise transferring your profile, your email address or URL to Weedhorn or any information therein, or the equivalent, in whole or part;
- CC.Cover or obscure the banner advertisements on your Weedhorn Profile page, or any Weedhorn page via HTML/CSS, scripting, or any other means;
- DD. Decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you;
- EE.Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
- FF.Use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other members;
- GG. Interfere with another member's use and enjoyment of the Weedhorn Service;
- HH. Repeatedly infringe other people's intellectual property rights, we have the right to disable your account when appropriate.
If you feel that you or another member is being harassed, threatened or any other form of abuse, please report it immediately to: [email protected]
Further, Weedhorn reserves the right to investigate and take appropriate legal action against anyone who, in Weedhorn's sole discretion, violates this provision, including, without limitation, removing the offending Content from the Weedhorn Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.
5. COPYRIGHT POLICY
WEEDHORN respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material claimed to be infringing or is the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate the material; (iv) your contact information, including your name, address, telephone number and an email address; (v) a statement by you that you have a Weedhorn faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. To give notice of alleged copyright infringement, please send a notice to: [email protected]
WEEDHORN reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion and without liability to you. In appropriate circumstances WEEDHORN will also terminate a user's account if the person is determined to be a repeat infringer.
If WEEDHORN decides to remove or disable access to Content you have posted as the result of receiving a Digital Millennium Copyright Act (DMCA) notification, we will notify you after removing or disabling access. In our notice we will provide you access to the reporter's complaint along with instructions on how to file a counter-notice.
If you believe that the material reported in the DMCA notification you received was misidentified or removed in error you should file a counter notice by responding to our original email notification of the removal and include the required information in the body of your reply as we discard all attachments for security reasons. In your response, please provide the following information: (1) a physical or electronic signature (typing your full name will suffice); (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the DMCA notice will suffice); (3) statement under penalty of perjury that you have a Weedhorn faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which WEEDHORN may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Upon receipt of a valid counter-notice WEEDHORN will promptly forward a copy to the person who filed the original notice. If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed.
7. WARRANTY DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY WEEDHORN SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEEDHORN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WEEDHORN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WEEDHORN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEEDHORN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. LIMITATION OF LIABILITY
YOU AGREE THAT WEEDHORN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE WEEDHORN AND SERVICES RESULTING FROM ANY WEEDHORN, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
By submitting photos and/or videos, you ("You" or "Your") hereby agree to the following terms of uploading photos/videos (the "Terms"):
- A.By submitting Your videos/photos, for good and valuable consideration, the sufficiency and receipt of which You hereby acknowledge, You hereby grant to Weedhorn a non-exclusive, perpetual, worldwide, fully paid and royalty-free, transferable, and sub-licensable, license to edit, telecast, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit in any manner the materials You submit, or any portion thereof, in or in connection with any of Weedhorn's and any of its affiliates' websites, programming, platforms and/or applications, and in connection with the promotion, marketing and advertisement of any of the foregoing (the manner, mode and extent of which are subject to change without notice to You), in any manner and in any medium or forum, whether now known or hereafter devised, throughout the world and the universe. You represent and warrant to Weedhorn that You have the full legal right, power and authority to grant to Resignation Media the license provided for herein, that You own or control the complete Submission(s). This license shall be governed by the laws of the State of California.
- B.You agree that Your Submission(s), and the exercise of the rights granted herein, pursuant to these Terms, does not and will not violate any applicable U.S. or state laws or regulations, or cause a breach of any agreement(s) with any third parties; and that none of the Submissions will infringe any copyright, invade any right of privacy, right of publicity, contain any libelous or slanderous material, or infringe or violate any intellectual property right or other right (including common law rights) of any other person or entity.
- C.By submitting Your Submission(s), You agree to defend, protect, indemnify and hold harmless Weedhorn and its parents, subsidiaries, related entities, partners, and each of its and their current and former officers, directors, partners, employees, agents, servants, heirs, administrators, executors, licensees, predecessors, successors, affiliates, subsidiaries, parents, representatives and assigns, jointly and severally, from and against any and all rights, claims, debts, demands, acts, agreements, liabilities, obligations, damages (including, without limitation, consequential and/or punitive damages), costs, fees (including, without limitation, those of attorneys), expenses, actions, and/or causes of action of every nature, character and description, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, in law or equity in connection therewith which arise out of and/or relate to Your Submission(s) and/or Weedhorn or any of its affiliated entities' use and/or loss of Your Submission(s).
- D.You acknowledge that the internet may be subject to breaches of security and that Your Submission(s) may not be secure. You further acknowledge that Your Submission(s) will be non-confidential, and that by submitting Your Submission(s) and/or by the use of Your Submission(s) You are not creating a confidential, fiduciary or other type of special relationship and that Your decision to submit Your Submission(s) does not place Resignation Holdings or any of its affiliated persons or entities in a position different from that held by members of the general public, including with regarding to Your Submission(s).
- E.You agree that Weedhorn and/or its affiliated entities display content owned or licensed by such entity (the "Weedhorn Content"). You agree that the Weedhorn Content is protected by U.S., international and/or common law copyright, Trademark and other laws, and that Weedhorn and/or its affiliated entities own and retain all rights in and to the Weedhorn Content. The Weedhorn Content may not be copied, imitated or used, in whole or in part, whether altered or unaltered, by You without the prior written permission of Weedhorn.
WEEDHORN reserves the right to terminate your Weedhorn.com membership immediately, without prior notice or liability, for any reason. If WEEDHORN terminates your membership, your right to use the Service will immediately cease. You can terminate your Weedhorn.com membership at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All relevant terms of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
Your only remedy with respect to dissatisfaction with (i) the Site, (ii) any term of these Terms of Service, (iii) any policy or practice of WEEDHORN in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate your Weedhorn.com membership at any time by emailing [email protected] with the words "Delete My Account" and your WEEDHORN.com username in the subject line. Your membership will be deleted upon 10 business days of WEEDHORN's receipt of the email.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WEEDHORN without restriction.
Governing Laws. The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Dispute Resolution. Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to this Terms of Service may be commenced until the matter has been submitted to JAMS for mediation. The parties agree that any such mediation shall take place in Sonoma County, California, USA. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in Weedhorn faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 45 days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties so desire. The provisions of this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the party against whom enforcement is ordered.
Waiver and Severability. The failure of WEEDHORN to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Notices. WEEDHORN may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by postings on the Service (for example, by posting to the blog, or on the relevant page(s) of the Service affected by such changes).
Trademarks. WEEDHORN, the WEEDHORN logo, and other WEEDHORN logos and names are trademarks of WEEDHORN. You agree not to display or use these trademarks in any manner without WEEDHORN's prior, written consent.
Contact Information. Please send any questions or comments, or report any Terms of Service violations, to [email protected].