Updated June 27, 2024

Definitions

The following definitions of terminologies in this section apply to the entirety of all sections of these Terms of Service.

• "Website" means this web site which is reachable through https://jesse.bio, and includes without limitation all of this web site's components, functions, services, and Content (defined below). The terminologies "Website" (without a space) and "web site" (with a space—or simply "site") retain the foregoing mutually exclusive definitions hereinafter.
• "Content" means any information you or any User (defined below) sends or receives to, from, through, or about this Website, including without limitation any account information, comment, email, image, graphic, letter, mail piece, message, personal information, phone call, photograph, recording, software, sound, text, text message, third-party information, video, any other information, or any combination thereof.
• "User" or "Users" means any user or all users of this Website, including you, or any combination thereof, as the context dictates.
• "Registered User" or "Registered Users" means any User or all Users of this Website, including you, or any combination thereof, as the context dictates, who registered or has a unique account with Me (defined below) on https://jesse.bio that was validly identified.
• "I" or "Me" means this web site and its owner; and specifically not you, not any User, and not any Affiliate (defined below).
• "Mine" or "My" means this web site's and its owner's; and specifically not yours, not any User's, and not any Affiliate's (defined below).
• "Affiliate" or "Affiliates" means any or all of My third-party advertisers, affiliates, agents, companies, hosts, licensors, operators, partners, and service providers, or any combination thereof, as the context dictates.
• "My Policies" means My Terms of Service, My Cookie Policy, My Copyright Policy, and My Privacy Policy.
• "USD" means United States dollar(s).

Ability to Accept My Policies

You swear you are at least 18 years old, you are the age of majority in any location where you use this Website and 18 is not the minimum age of majority, and you are entirely able and competent to enter into, abide by, and comply with all affirmations, conditions, obligations, policies, representations, terms, and warranties set forth in My Policies. You attest the jurisdictions you access this Website from do not prohibit receiving, sending, using, or viewing any Content.

I may require you to provide Me or Affiliates with information to help verify you are over the age of majority required to access this Website. You agree to fully cooperate and promptly provide this information accurately if required. Failure to provide Me or Affiliates with this information accurately may result in the suspension or termination of your ability to use some or all of this Website.

You certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Acceptance of My Policies

By accessing or using this Website, you expressly agree to My Policies, which apply to every User regardless of the device or method used to access this Website. You agree to enter My Policies electronically, and you agree to electronic storage of records about these agreements. If you do not agree to any part of any of My Policies, I prohibit you from using this Website, and you must immediately stop using this Website.

Changes to My Policies

I reserve the right to change My Policies at any time and without notice. The most up-to-date versions of My Policies are located at the links below:

• Terms of Service: https://jesse.bio/terms-of-service
• Cookie Policy: https://jesse.bio/cookie-policy
• Copyright Policy: https://jesse.bio/copyright-policy
• Privacy Policy: https://jesse.bio/privacy-policy

Once posted, the newest versions of My Policies immediately supersede all prior versions, and all prior versions have no more legal effect. You are responsible for reviewing My Policies for any revisions. By using this Website after any changes to My Policies, you confirm you agree to the revised versions of My Policies.

About this Website, and Reliance on Information Posted

This Website may come from different entities including without limitation aggregators, bots, bloggers, models, reporting services, syndicators, third parties, or Users. All opinions and statements expressed in Content not created by Me are solely the opinions, statements, and responsibility of the entities providing the Content. These opinions and statements do not necessarily reflect My opinions or statements. I am not liable or responsible to you or any third party for Content not created by Me.

Content is made available for general information purposes only and is provided AS IS. I am not responsible for and I do not warrant the accuracy, completeness, intellectual property rights, safety, timeliness, or usefulness of or involving Content. Any reliance you put on Content is strictly at your own risk. I am not liable or responsible whatsoever for any reliance put on Content by you or anyone who may be informed of the Content.

This Website may provide links to other sites and items that are not owned by Me, including without limitation links to advertisers and sponsors. These links are provided for your convenience only. I cannot control anything on any other site, I am not responsible for anything on any other site, and you directly relieve Me from all damage, liability, or loss arising from any other site's presence on this Website and your use of any other site. Any inclusion or link on this Website to any third party is not an implied approval or endorsement of the third party by Me, and your use of the third party is entirely at your own risk and subject to the third party's terms of service. Your relationship with any third party found through this Website is solely between you and the third party.

You may be exposed to Content that is abusive, blackmailing, coercive, defamatory, fraudulent, forceful, harassing, harmful, hateful, humiliating, indecent, illegal, inflammatory, inaccurate, intimidating, invasive, libelous, misleading, morbid, obscene, offensive, racist, revengeful, spiteful, stalking, threatening, unethical, unlawful, violent, or otherwise inappropriate or objectionable. You consent to waive, and hereby do waive, any corresponding equitable or legal remedies or rights you have or may have against Me. You agree to indemnify and hold Me harmless to the maximum extent legally permitted regarding all matters related to your use of this Website.

Changes to this Website

I may update the Content on this Website from time to time, but its Content is not necessarily complete or up-to-date. Any of the Content on this Website may be out-of-date at any given time, and I am under no obligation to update such Content.

I may add to, change, or remove this Website in My sole discretion with or without notice. I do not warrant at any time that this Website is complete or up-to-date, and I am under no obligation to update any out-of-date Content. I am not liable or responsible whatsoever if any or all of this Website is unavailable at any time, for any length of time, or for any or no reason.

Communication

You may be asked or able to provide personal or other information to this Website or Affiliates. By providing any information to this Website or Affiliates, you declare it is accurate, complete, and up-to-date, you agree it is governed by My Policies, and you consent to all actions I take regarding such information as stated in My Policies.

You agree to receive electronic communications from Me about your account and your relationship with Me, which I may post on this Website (for example, through the members' area on this Website upon login, or on the "My Account" or "My Profile" page) or email to an email address for you that was provided to Me. You agree that any communications I send electronically to you will satisfy any legal communication requirements. You should maintain copies of all electronic communications I send to you.

Access, Use, and Account Security

You are solely responsible for obtaining access to this Website and its third-party services, and ensuring all persons who use your devices or methods to access this Website and its third-party services confirm they are aware of, agree to, and comply with My Policies and all terms and policies for using the third-party services. If you access this Website through a mobile device or network, you are solely responsible for all mobile device or network carrier fees and rates. I am not liable for any costs or losses caused by your access to or use of this Website, regardless of how you access or use this Website.

This Website is for your personal and non-commercial use only for the lawful purposes specifically allowed by My Policies. You may only use this Website in its original and complete form. You may not modify this Website including without limitation advertisements, digital rights management features, security features, or verification features including without limitation for age and biometrics verifications. You must allow all advertising and features on this Website without blocking the advertisements or features in any way. You must use the latest publicly available version of your web browser (except versions labeled as beta or non-stable by your web browser's original provider) at all times while accessing and using this Website.

If you have a user name, password, or any other personal information regarding any account or other security feature on this Website, you may never disclose such information to any other person for any reason. If you have an account on this Website, your account is for your personal use only, you may never allow any other person to use your account, and you are completely liable for every action that occurs with your account. I am not liable for any costs or losses due to use of your account, and you may be liable for the costs or losses of this Website or others due to use of your account. You should be very cautious when using your account from a shared device or network, and you should always log out of your account when you are not using it. You must immediately notify Me through My Contact page if any other person uses your account or you are aware of any security breach on this Website.

I have the right to disable any user name, password or other identifier, whether chosen by you or provided by Me, at any time in My sole discretion for any or no reason, including if, in My opinion, you have violated any provision of My Policies.

Copyright and Intellectual Property

I authored, created, licensed, own, or purchased certain Content (collectively, My "Works") which is My intellectual property protected by copyright, patent, trade mark, trade secret, and other laws. I reserve and retain all rights in My Works.

Jesse.Bio, Jesse's Bio, and related names and logos are My trade or service marks. You are granted no license or right pertaining to any of My names, logos, or trade or service marks. Other names, logos, or trade or service marks on this Website, such as those associated with third parties, are the names, logos, or trade or service marks of their respective owners. Content containing the names, likeliness, logos, or trade or service marks of any entity is not an endorsement by such entity of this Website or vice versa.

I grant you a limited, non-exclusive, non-sublicensable, non-transferable, restricted, and revocable license to access and use My Works under the conditions of My Policies. You may not adapt, alter, broadcast, communicate, copy, display, distribute, download, license, modify, perform, reference, reproduce, sell, transmit, or otherwise use My Works or any adaptations thereof in any other way.

If you breach any provision of My Policies, any license I granted to you will automatically rescind and terminate. Furthermore, violating certain provisions of My Policies, including without limitation blocking advertisements on this Website or using My Works in any other unlicensed fashion, is copyright infringement and you will be financially and legally liable for My costs or losses due to any such infringement. Otherwise any license I granted to you will terminate upon termination of these Terms of Service.

This Website has a transparent Copyright Policy pertaining to any Content alleged to infringe the copyright of a third party. If you believe that any Content violates your copyright, please see My Copyright Policy for instructions on sending Me a notice of copyright infringement. As part of My Copyright Policy, I will terminate User access to this Website if, under appropriate circumstances, a User has been determined to be a repeat infringer.

I am not in a position to mediate trademark disputes between Users and trademark owners. Accordingly, I encourage trademark owners to resolve any dispute directly with the User in question or seek any resolution in court or by other judicial means. If you are sure you want to report Content on this Website that you believe infringes your trademark, please see My Copyright Policy for instructions on sending Me a notice of copyright infringement. I am willing to perform a limited investigation of reasonable complaints, and I will remove Content in clear cases of infringement. Only the trademark owner or their authorized representative may file a report of trademark infringement. I typically provide the rights owner's name, your email address, and the details of your report to the User who posted the Content you are reporting. This User may contact you with the information you provide.

Prohibited Uses

You agree you will not access or use this Website, its Content, or any third party in any way that violates My Policies or is unauthorized or harmful to this Website, its Content, the server(s) on which this Website is stored, any computer, database, or server connected to this Website, or any other entity.

You agree you will not use this Website or its Content to:

• violate any law or help any entity violate any law;
• negatively affect any entity, including without limitation in any manner that could damage, disable, impair, or overburden this Website or Affiliate sites, or by creating or endorsing any type of prohibited Content (listed below);
• perform any action intended to destroy, harm, interfere with, interrupt, limit, or penetrate the functionality of any computer software or hardware, network, server, service, telecommunications equipment, or other infrastructure;
• or collect or store any personal or private data about any entity.

You agree you will not create or endorse any prohibited Content, including without limitation:

• Content that is abusive, blackmailing, coercive, defamatory, fraudulent, forceful, harassing, harmful, hateful, humiliating, indecent, illegal, inflammatory, inaccurate, intimidating, invasive, libelous, misleading, morbid, obscene, offensive, racist, revengeful, spiteful, stalking, threatening, unethical, unlawful, violent, or otherwise inappropriate or objectionable;
• Content that has falsehoods or misrepresentations, encourages or gives rise to criminal or civil offenses or liability, or is otherwise inappropriate;
• Content that has unauthorized or unsolicited advertising, including without limitation chain letters, junk mail, promotions, pyramid schemes, or spam;
• Content that has contests, lotteries, sweepstakes, or other forms of gambling;
• Content that has material protected by copyright or other intellectual property laws, and that you do not own or you have not obtained all necessary permission for;
• Content that impersonates another entity or inaccurately represents any affiliation with any entity;
• Content that contains any cancelbots, corrupted files, logic bombs, time bombs, trojan horses, viruses, worms, or any other similar software, program, or material that is malicious, technologically harmful, or can damage the operation of this Website or another entity's property;
• or Content that can disable or impair this Website or another person's use of this Website in any way.

You agree you will not:

• transcend or attempt to transcend your access to Content or any part of this Website that you are not authorized for through any means not intentionally provided or made available by Me, including without limitation by exploiting design flaws, undocumented features, or bugs;
• alter, avoid, bypass, circumvent, delete, or remove any digital rights management or age or biometrics verification processes, technologies, or tools used anywhere on or in connection with this Website;
• alter any part of this Website or its Content without My prior written permission, including without limitation ads and copyright or other proprietary notices.
• use any bot, robot, routine, script, software, spider, or other automatic device or method to access this Website for any purpose without My prior written consent;
• use any manual device or method to access this Website or copy, download, or monitor Content for any purpose that lacks My prior written consent;
• block or interfere with the display or functionality of any advertisement, Content, or feature on this Website
• or remove any copyright or other proprietary notices from this Website.

Any use of this Website or its Content in violation of My Policies or applicable law is unauthorized and may constitute a violation of the Federal Computer Fraud and Abuse Act. If you violate any of My Policies, for every single instance of these violations you perform, you agree to pay Me USD 10,000 per violation, and you agree to pay Me immediately and in-full using one of the payment services available or linked on My Payment page.

Monitoring and Enforcement

I am within My rights but not obligated to:

• monitor this Website's access and use to address compliance, financial, legal, research, statistical, and security issues;
• refer illegal and unauthorized use of this Website to law enforcement;
• accept, advertise, allow, copy, delete, deny, disallow, display, edit, maintain, monetize, move, post, recreate, reformat, refuse, reject, remove, report, sell, share, store, and take any other action with Content you submit to this Website without any liability or notice to you or any third party;
• suspend and terminate your account and your access to this Website at any time for any or no reason with or without notice to you;
• enforce My Policies, any additional terms and policies, and the rights of any third party;
• and decide whether Content is appropriate or violates My Policies.

Any determination I make about a breach of prohibited uses is final.

I may fully cooperate with any law enforcement agency that requests I disclose any information about any entity that uses this Website. You waive and hold Me harmless from any claims resulting from any action I take to disclose any information about any entity to any law enforcement agency.

I am absolutely opposed to any form of child exploitation or human trafficking. If I find Content that involves child exploitation, human trafficking, or underage persons, I will erase the Content and alert the appropriate law enforcement agencies. If you find any such Content, you agree to immediately notify Me through My Contact page.

I have no liability or responsibility whatsoever to any entity for any action or inaction regarding Content provided by any User or third party.

Account Termination

I reserve the right to decide whether Content is appropriate or violates My Policies for reasons other than copyright infringement and violations of intellectual property rights, including without limiation Content that is abusive, blackmailing, coercive, defamatory, fraudulent, forceful, harassing, harmful, hateful, humiliating, indecent, illegal, inflammatory, inaccurate, intimidating, invasive, libelous, misleading, morbid, obscene, offensive, racist, revengeful, spiteful, stalking, threatening, unethical, unlawful, violent, or otherwise inappropriate or objectionable. I may at any time, without prior notice and in My sole discretion, remove such Content or terminate a User's account for submitting such Content in violation of My Policies.

If you violate My Policies or otherwise create risk or possible legal exposure for Me, I can terminate your access to this Website or stop providing all or part of this Website to you for any reason at My convenience.

Abuse Reporting

You agree you will immediately notify Me through My Contact page if you witness any abuse to this Website, including without limitation any violation of My Policies.

Collection and Use of Your Website Usage Information

All information I collect on this Website is subject to My Policies. You agree to all actions I take with any information I collect on this Website, including information about you and your use of this Website, in accordance with My Policies. You agree you have read, understand, and consent to My Policies.

This Website enables select third parties to place advertisements on this Website. These third parties may use technology to directly send advertisements to your web browser, which may allow these third parties to receive your Internet Protocol (IP) address. These third parties may also use cookies, web beacons, or other methods to collect information, including information about you and your use of this Website. I have no control over how these third parties collect information, but generally IP address, cookies, and web beacons alone can only identify machines, not individuals. Thus, these third parties generally are unable to identify you unless you provide more information to them by interacting with an advertisement or the third party in another fashion.

Linking to this Website

You may link to this Website only if it does not expose this Website to any damage, exploitation, liability, or risk, and only if you do not suggest any form of association, approval, or endorsement from Me without My prior written consent. Any entity from which you link to this Website must comply with all Content standards in My Policies.

You may not link to this Website in any way that causes any portion of this Website to be displayed through a deep link, frame, or inline link without My prior written consent, and you agree to immediately cooperate with Me to cease any unauthorized framing or linking.

I may disable any or all social media features for this Website and any or all links to this Website at any time without notice in My sole discretion.

Disclosure of Personal Information

In general, this Website does not collect information that can personally identify you—such as your name, username, password, email address, phone number, and communications—unless you send Content through this Website, including without limitation if you register an account with Me on this Website. This Website will not disclose any information that can personally identify you, except:

• as described in My Policies;
• if I acquire your permission for a specific disclosure or use;
• as required to safeguard the operations or property of this Website or others;
• if I am required to do so in order to comply with any government or law—including without limitation civil discovery requests, court orders, search warrants, statutory requests, or subpoenas—in which case I at My sole discretion may or may not advise you of such;
• or to an entity that acquires this Website or any of My assets related to this Website.

You agree I may access your personal information for as long as I in My sole discretion deem necessary, including without limitation so I can comply with any government or law, protect intellectual property rights, safeguard this Website, and enforce My Policies.

If I am required to disclose your personal information, you agree I may charge you for the cost of the disclosure—including without limitation costs for copies, delivery, legal fees, research, and storage—or USD 10,000, whichever is greater. You agree you will pay Me immediately and in-full using one of the payment services available or linked on My Payment page.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend Me, indemnify Me, and hold Me harmless from and against any and all awards, claims, costs, damages, debts, demands, expenses, fees, judgments, liabilities, litigations, losses, and obligations arising from:

• your access to or use of this Website;
• your violation of My Policies;
• your violation of any third-party right, including without limitation any copyright, privacy, or property right;
• or any claim that your Content damaged a third party.

This defense and indemnification obligation will remain permanently, regardless of any changes to this Website, your use of this Website, or My Policies.

You agree I have the sole right and obligation to control the legal defense against any such awards, claims, costs, damages, debts, demands, expenses, fees, judgments, liabilities, litigations, losses, and obligations, including without limitation the right to select counsel of My choice and to compromise or settle any such awards, claims, costs, damages, debts, demands, expenses, fees, judgments, liabilities, litigations, losses, and obligations.

Disclaimers

YOU USE THIS WEBSITE ENTIRELY AT YOUR OWN RISK, AND YOU ENGAGE WITH THIS WEBSITE ENTIRELY AT YOUR OWN DISCRETION. THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN COMPLIANCE WITH APPLICABLE LAWS, I DENY ALL ASSURANCES, WHETHER EXPLICIT OR IMPLICIT, ASSOCIATED WITH THIS WEBSITE AND ANY GOODS OR SERVICES PROCURED VIA THIS WEBSITE. THESE DISCLAIMED ASSURANCES INCLUDE WITHOUT LIMITATION IMPLIED WARRANTIES OF SALABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT. YOU SOLELY BEAR THE RISK OF ANY DAMAGES TO YOUR DEVICES OR DATA LOSSES RESULTING FROM YOUR UTILIZATION OF THIS WEBSITE. I DO NOT PLEDGE OR DECLARE THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR ANY MATERIAL ON SITES LINKED TO THIS WEBSITE, OR THAT THIS WEBSITE WILL MEET YOUR SPECIFIC REQUIREMENTS. I DISCLAIM ANY AND ALL LIABILITY FOR (i) ERRORS, INACCURACIES, OR INCOMPLETENESS OF CONTENT, (ii) PERSONAL OR PROPERTY DAMAGES RESULTING FROM YOUR USE OF THIS WEBSITE, (iii) UNAUTHORIZED ACCESS OR USE OF MY SECURED SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (iv) INTERRUPTIONS OR TERMINATION OF TRANSMISSIONS TO OR FROM THIS WEBSITE, (v) ANY MALWARES, VIRUSES, OR SIMILAR THREATS THAT MIGHT BE TRANSMITTED VIA THIS WEBSITE, AND/OR (vi) ERRORS, OMISSIONS IN CONTENT, OR ANY LOSSES OR DAMAGES RESULTING FROM THE USE OF CONTENT MADE AVAILABLE THROUGH THIS WEBSITE. I DO NOT PROVIDE ANY WARRANTIES, ENDORSEMENTS, OR GUARANTEES FOR ANY PRODUCTS OR SERVICES PROMOTED OR PRESENTED BY A THIRD PARTY OR FEATURED IN ANY ADVERTISEMENT. I AM NOT RESPONSIBLE FOR SUPERVISING ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. I ADVISE YOU TO EXERCISE DISCRETION AND CAUTION WHEN PURCHASING A PRODUCT OR SERVICE THROUGH ANY PLATFORM. ANY INFORMATION YOU GATHER THROUGH THIS WEBSITE OR FROM ME DOES NOT CONSTITUTE ANY WARRANTY BEYOND WHAT IS EXPLICITLY STATED IN MY POLICIES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL I BE HELD ACCOUNTABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY ARISE FROM (i) ERRORS, INACCURACIES, OR CONTENT OMISSIONS, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, IN ANY FORM, RESULTING FROM YOUR USE OF THIS WEBSITE, (iii) UNAUTHORIZED ACCESS TO OR USE OF MY SECURE SERVERS, AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR HALT IN TRANSMISSION TO OR FROM THIS WEBSITE, (v) ANY MALWARES, VIRUSES, OR SIMILAR THREATS THAT MAY BE TRANSMITTED VIA THIS WEBSITE, (vi) ANY ERRORS, OMISSIONS, LOSSES, OR DAMAGES ARISING FROM THE USE OF THIS WEBSITE, AND/OR (vii) YOUR INTERACTIONS WITH ANY THIRD PARTY ADVERTISEMENTS, SERVICE PROVIDERS, OR OTHER SITES ACCESSED THROUGH THIS WEBSITE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY TERMS, CONDITIONS, POLICIES, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH INTERACTIONS. THIS APPLIES REGARDLESS OF THE LEGAL THEORY THE CLAIM IS BASED ON, AND WHETHER I HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY LIMITATION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. YOU EXPLICITLY RECOGNIZE THAT I SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT YOU BEAR THE ENTIRE RISK OF HARM OR DAMAGE FROM SUCH INSTANCES. YOU ALSO ACKNOWLEDGE THAT ANY CONTENT UPLOADED TO THIS WEBSITE CAN BE VIEWED, DOWNLOADED, REPUBLISHED, AND DISTRIBUTED, POTENTIALLY VIOLATING YOUR RIGHTS OR MY POLICIES; AND YOU SOLELY ACCEPT THESE RISKS AS A FUNDAMENTAL PART OF MY POLICIES. YOU AGREE NOT TO INITIATE ANY ARBITRATION CLAIM, LAWSUIT, OR PROCEEDINGS THAT CONTRADICT THE ABOVE LIABILITY LIMITATIONS. ANY CLAIM YOU MAY HAVE UNDER MY POLICIES WILL BE LIMITED TO MONETARY DAMAGES UP TO, IF ANY, A MAXIMUM OF YOUR PAID SUBSCRIPTION FEE FOR THIS WEBSITE IN THE LAST TWELVE MONTHS, OR USD 0 IF YOU DID NOT PAY A SUBSCRIPTION FEE FOR THIS WEBSITE IN THE LAST TWELVE MONTHS. YOU WILL NOT BE ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF UNDER ANY CIRCUMSTANCES.

Limitation on Time to File Claims

NOTWITHSTANDING ANY DIFFERING STATUTE OR LAW, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE STEMMING FROM OR IN RELATION TO THIS WEBSITE OR MY POLICIES MUST BE INITIATED WITHIN SEVEN (7) DAYS FROM THE TIME THE CAUSE OF ACTION ARISES. FAILING TO DO SO WILL RESULT IN THE PERMANENT BARRING OF SUCH CLAIM OR CAUSE OF ACTION.

Notice of Litigation

You agree to notify Me using My Contact page within two (2) days after becoming aware of or obtaining knowledge of any proceedings or threatened proceedings, including without limitation any litigation or governmental proceeding, pending against you which could materially adversely affect My assets, business, condition, operations, property, or prospects (financial or otherwise); and any other event which is likely to materially adversely affect My assets, business, condition, operations, property, or prospects (financial or otherwise).

Your Comments and Concerns

This Website is owned and managed by Jesse. To notify Me of any copyright infringement claims, please follow the procedures outlined in My Copyright Policy. For all other types of communication, including feedback, comments, questions, requests for technical support, or other matters related to this Website, please reach out to Me via My Contact page. Alternatively, you can reach out to Me at:

Assignment

You are not permitted to transfer or assign My Policies; and you are not permitted to transfer or assign any rights or licenses granted to you under them. However, I retain the right to assign My Policies without any limitations.

Arbitration Agreement and Waiver of Specific Rights

Except as stated above, you and I agree to settle any disputes (including disputes with any of My third-party agents) through binding and definitive arbitration, rather than court litigation. The right to a jury trial for any Dispute (defined below) is mutually waived. All disagreements, assertions, counter-claims or disputes arising between you and I, or you and a third-party agent of Mine (collectively defined as "Dispute") will be submitted to binding arbitration as per the American Arbitration Association ("AAA Rules"). A single arbitrator will hear and rule on the arbitration. The decision of the arbitrator is final, binding upon both parties and enforceable by any court with competent jurisdiction. Both you and I concur that the arbitration proceedings will be confidential, and any aspect of them will not be disclosed beyond the arbitration proceedings, except as required by law, disclosure rules and regulations of securities regulatory authorities or other government agencies, or as specifically permitted by applicable law. The Federal Arbitration Act and federal arbitration law govern this agreement. However, the authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of My Policies lies solely with the Arbitrator, not any federal, state, or local court or agency.

If the costs of arbitration compared to litigation are excessive for you, I will pay the administrative costs and arbitrator's fees as much as the arbitrator deems necessary to prevent prohibitive costs. The arbitrator may distribute the arbitration costs and the compensation of the arbitrator among the parties in the final award as deemed suitable.

This arbitration agreement under this section does not prevent either party from seeking action from federal, state, or local government agencies. You and I both retain the right to file qualifying claims in small claims court. Additionally, you and I both maintain the right to seek provisional relief, such as pre-arbitral attachments or preliminary injunctions from any court of competent jurisdiction (i) without being deemed incompatible with My Policies, and (ii) without waiving the right to have disputes submitted to arbitration.

Neither you or I can act as a class representative, private attorney general, or participate in a class of claimants for any Dispute. The arbitrator can only decide on your individual Disputes and/or Mine. The arbitrator has no authority to consolidate or join claims of other parties who may be in similar situations. However, the arbitrator may award the same damages or other relief under applicable law as if the case was brought to court on an individual basis, except for a "public injunction" which can only be awarded by a federal or state court.

This Section titled "Arbitration" only applies to Users located in the United States of America. If any clause of this section is deemed invalid or unenforceable, it will be disregarded, but the rest of this section will continue to be fully effective. No waiver of any clause in this section will be effective unless documented in writing and signed by the waiving party. Such a waiver does not affect any other part of My Policies. This section will continue to be effective even after your relationship with Me ends.

THIS SECTION RESTRICTS CERTAIN RIGHTS, INCLUDING THE RIGHT TO LITIGATE IN COURT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE CLAIMS, THE RIGHT TO CERTAIN DISCOVERIES AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS YOU OR I MAY HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Miscellaneous

My Policies, your engagement with this Website, and My mutual relationship with you shall be governed by the laws of the United States of America, without giving effect to any principles of conflicts of law. My Policies shall not be construed as agreeing to apply the laws of any other country to this Website. You consent to this Website being considered a passive platform that does not establish personal jurisdiction over Me in jurisdictions other than the United States of America. Any actions or proceedings related to My Policies will be under the exclusive jurisdiction of a suitable court in the state of Maryland in the United States of America. You hereby agree to this jurisdiction and venue.

I do not waive any term or condition set out in My Policies unless explicitly stated, and My failure to enforce a right or provision under My Policies does not constitute a waiver.

If any part of My Policies is ruled invalid by a competent court, the invalidity of that provision does not impact the validity of the remaining provisions, which will continue in full force.

My Policies, and any documents they incorporate by reference are the entire agreement between you and I regarding this Website.

I have the right to partially or fully terminate these My Policies for any or no reason at any time by notifying you via this Website, email, or any other communication method. Such termination does not affect My legal rights or defenses. Following the full termination of My Policies, your right to access your account and your Content will cease. I have no obligation to help you migrate your data or Content, nor am I required to maintain backups of your data or Content. I bear no responsibility for deleting your data or Content under My Policies. Even if your data or Content is removed from My active servers, it may remain in My archives (though I am not obligated to archive or back up your data or Content), and it remains subject to the licenses outlined in My Policies.