Rottenneighbor.com User Agreement & Privacy Policy

 

USER AGREEMENT

Rottenneighbor.com, LLC (sometimes “we,” “us,” “our,” or the “Company”) is providing this public forum as a public service (the “service”) and is operating as a "common carrier" under the Communications Decency Act of 1996 (“CDA”), 47 U.S.C. § 230.  When you post content on our site, you are also contemporaneously posting the same content on our affiliated website, known commonly as Thyneighbor.com.  We are not a publisher or distributor of any of the content posted on this website (the “site”), or any of our affiliated sites, by any user.  The terms of this Agreement shall apply to your use or access of this site and any of our affiliated websites.  The Company claims immunity from liability to the fullest extent under the law and as provided under the CDA for content provided by you and other third parties on this site and any of our affiliated websites, and nothing in this Agreement shall waive or remove such immunity.   

This is a legal agreement (“Agreement”) between you and the Company. Please read the Agreement carefully before using or accessing the service. By using or accessing our service, you agree to be bound by the terms and conditions of this Agreement (the “Terms”). IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SERVICE. THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. IF THE TERMS ARE MODIFIED OR REVISED, YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS AND/OR REVISIONS, IRRESPECTIVE OF WHETHER YOU RECEIVE NOTICE OF SUCH MODIFICATIONS OR REVISIONS.  IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS ON A REGULAR BASIS IN ORDER TO ENSURE THAT YOU ARE IN COMPLIANCE WITH THE USE OF OUR SERVICE.

 

Minors may not use or access our service.  By using or accessing our service, you represent and warrant that you are at lest eighteen (18) years of age.

 

To access or use or use our service, you must register with us. When you register, you agree to provide accurate, current and complete information about yourself (the “User Information”), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your User Information as accurate, current and complete. You acknowledge that if your User Information is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the service.  Our use of your User Information is governed by our Privacy Policy, as set forth below, which is expressly incorporated herein and made part of this Agreement.

 

We reserve the right to immediately suspend or terminate your access to the service, without notice, upon any breach of this Agreement by you which we discover or which is otherwise brought to our attention.

 

As part of this Agreement, you expressly agree as follows:

• You will not impersonate any person or entity.
• You will not "stalk" or otherwise harass any person.
• You will not express or imply that any statements you make are endorsed by us.
• You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the site or its contents.
• You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  
• You will not remove any copyright, trademark or other proprietary rights notices contained in the site.
  
• You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
  
• You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• You will not "frame" or "mirror" any part of the site, without our prior written authorization.

 

You further agree that:

 

• You are solely responsible for the content or information you publish or display (hereinafter, "post") on the site, or transmit to other users of the site.
  
• You will not post on the site, or transmit to other users or employees, any threatening, harassing, racially offensive, or illegal material.
• You will use the service in a manner consistent with any and all applicable laws and regulations.

 

When using or accessing our service, you agree not to include in any post on our site any telephone numbers, street addresses, last names, business names, URLs, E-mail addresses or other identifying information of any individual(s) or any business which is the subject of your post, or otherwise (the "Identifying Information"). By using the site, you understand and agree that we do not regularly monitor posts on the site, except for automated filtering which is designed to eliminate and/or reduce obscenity, profanity, pornography, and the like, to the maximum extent possible. Our automated filtering may not remove any Identifying Information included by you in your post. If you choose to post Identifying Information on our site, you will be solely responsible for any harm or damages resulting therefrom, and you expressly agree to indemnify and hold harmless Rottenneigbor.com, LLC, its officers, directors, managers, members, employees, agents, affiliates, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your choice to post such Identifying Information on our site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified party or person.

 

We reserve the right, but have no obligation, to monitor and/or mediate disputes between you and other users.  You agree that the Company is not obligated to maintain back-up copies of any content posted on the site and shall have no liability for failure to maintain such content. 

 

You further agree to defend, indemnify, and hold harmless Rottenneigbor.com, LLC, its officers, directors, managers, members, employees, agents, affiliates, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the service, including: (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) any allegation that any materials you submit to us are libelous statements and/or (iv) your activities in connection with the site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified party or person.

 

We disclaim all liability, regardless of the form of action, for the acts or omissions of all users of the site, (including unauthorized users, or "hackers") of the site.

 

"Rottenneighbor.com," and “Thyneighbor.com” are registered Service Marks of the Company and may be used publicly only through our written permission.  All trademarks and logos featured on our site may not be used publicly without the written consent of the owners of such trademarks and logos. All users of the service agree to not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

This Agreement is governed by the laws of the State of California and all applicable federal laws, including the CDA. This Agreement, accepted by you upon registering to use the service and/or access our site, and any other terms of use posted on our site, contain the entire agreement between you and us regarding the service and your use and access of our site.  Any conflict between the terms of this Agreement and the terms of any other legal notice, agreement, or policy appearing on our site shall be resolved in favor of this Agreement. If any provision of this Agreement is held invalid, the remaining provisions shall continue in full force and effect.

 

Opinions, statements, or other information or content made available through the service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

 

THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY USERS OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY USER’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE.

 

It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive, obscene or slanderous/libelous materials on the site and that you may be exposed to such offensive and obscene and/or slanderous/libelous materials. We are not responsible for your exposure to such information.
WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED ON THE SITE. WE SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION TO REMOVE ANY SUCH MATERIAL THAT IN OUR SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES AND/OR LEGAL FEES THAT MAY BE INCURRED BY US AS A DIRECT RESULT OF YOUR FALSE, LIBELOUS, INAPPROPRIATE OR, OTHERWISE, POTENTIALLY DAMAGING POST(S) ABOUT AN INDIVIDUAL(S) OR BUSINESS. WE CANNOT, AND WILL NOT BE, HELD RESPONSIBLE FOR ANY DAMAGES AND OR LEGAL FEES INCURRED BY ANY PERSON AS A RESULT OF ANY  FALSE, LIBELOUS, INAPPROPRIATE, OR, OTHERWISE, POTENTIALLY DAMAGING POST(S) ABOUT AN INDIVIDUAL(S) OR BUSINESS.”

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OR ACCESS OF OUR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our users are anonymous. We do not keep records or record IP addresses. Under Section  230 of the CDA, we may "host" other user’s content without being liable for defamation/libel, privacy torts or any other causes of action.  Section 230 of the CDA creates a federal immunity to any cause of action that would make us liable for information originating with a third-party user of the service.  See, Zeran v. AOL, 129 F.3d 327, 330 (4th Cir. 1997).

 

We have no duty to respond to complaints about posts to our site.  Due to the amount traffic at our site, it is impossible for us to monitor all of the content posted on the site and to respond to all inquiries or complaints by users. The Company may provide the capability for a user to respond to, or to flag, content posted on the site that is objectionable or violates this Agreement, however the flagging of content does not necessarily mean that it will be removed from the site.  Notwithstanding the foregoing, we may elect to remove content, in our sole and absolute discretion, if we determine that the content violates this Agreement or the law. 

 

USER CONTENT; MONITORING AND REMOVAL
We may delete any content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. HOWEVER, WE ASSUME NO RESPONSIBILITY FOR MONITORING THE WEB SITE FOR INAPPROPRIATE CONTENT OR CONDUCT. If at any time we choose, in our sole and absolute discretion, to monitor the content on our website, WE NONETHELESS ASSUME NO RESPONSIBILITY FOR THE CONTENT, NO OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE CONTENT, AND NO RESPONSIBILITY FOR THE CONDUCT OF THE USER SUBMITTING ANY SUCH CONTENT. We do not endorse and we have no control over the content. We have no duty to respond to complaints about posts to our site. Due to the amount traffic at our site, it is impossible for us to monitor all of the content posted on the site and to respond to all inquiries or complaints by users. The Company may provide the capability for a user to respond to, or to flag, content posted on the site that is objectionable or violates this Agreement, however the flagging of content does not necessarily mean that it will be removed from the site.

You may contact us by e-mail to file a complaint if you believe content on the website is objectionable. If a response is necessary, we will respond by e-mail to your complaint within thirty days of the date it is received by the Company. We have no duty to take any action in response to your complaint.

The Company may, in its sole and absolute discretion, block any user from further use of the Service and/or the website if the Company determines that a user is harassing another user or users or in way violating this Agreement. Please refer to the Communications Decency Act of 1996 (“CDA”), 47 U.S.C. § 230, for further information.

 

PRIVACY POLICY
The Company does not distribute individually identifiable information to third parties unrelated to the purpose for which it was collected.  The Company takes reasonable precautions to protect said information from disclosure or misuse. Notwithstanding the foregoing, by using or accessing our service, you will have released and discharged the Company, its officers, directors, managers, members, employees, agents, affiliates, and third parties, from any and all liability which might arise from the disclosure of your personal information to third parties, whether inadvertent or otherwise.

In order to use or access our site, you will be required to provide us with accurate, current and complete information about yourself (the “User Information”), and to maintain and update such User Information to keep it accurate, current and complete.  The Company uses its best efforts to keep all User Information confidential.  In addition, the Company may, in its sole and absolute discretion, choose to delete any or all of the User Information at any time.  The Company is under no duty to keep records of User Information.

Occasionally, we may use your IP address to help diagnose problems with our server, and to administer our site or to stop spammers.  However, in order to protect the anonymity of our users, all IP addresses are erased from our servers on a daily basis.  The Company may use cookies to improve the quality of our service and to better understand how people interact with us.  A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. We internally use personally identifiable information of our users to improve our marketing efforts, to statistically analyze site usage, to improve our content and product offerings as well as to customize our site's content and layout. We believe these uses allow us to improve our site and better tailor your online experience to meet your needs.  Most browsers are initially set up to accept cookies.  You can reset your browser to refuse all cookies or to indicate when a cookie is being sent.

If you choose to post messages in our message areas, the Company will only display such information about you as you choose to reveal. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file that is only accessed by authorized personnel. We may also collect other users' comments about you in our complaints department.  However, we are under no duty to retain or safeguard such information, or to turn over any such information to any third party, unless otherwise required by law.

We may share information about you in any of the following limited circumstances:

• The Company has your consent.
• The Company provides such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Privacy Policy and appropriate confidentiality and security measures.
  
• The Company concludes that we are required by law (i.e., pursuant to a subpoena) or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of the Company, its users or the public. By using or accessing our site, you agree that the Company shall be released, discharged and held harmless from any losses, costs, claims, damages, liabilities, injuries, and expenses (including reasonable attorneys' fees) relating to or arising out of the disclosure of User Information or any other personally identifiable information of a user, whether or not such disclosure is inadvertent, willful, pursuant to a court order or subpoena, or otherwise.
  
• If you have an account, The Company may share the information submitted under your account among all of our services in order to provide you with a seamless experience and to improve the quality of our services.  The Company will not disclose your account information to other people or non-affiliated companies, except in the limited circumstances described in this Policy or with your consent.
  
• The Company may share aggregated information with others such as how many users clicked on a particular advertisement.
  The Company may implement security measures to protect and prevent the loss, misuse, and alteration of the information under our control. The Company may guard the confidentiality of your personal identifiable information through systems such as firewalls and hacker monitoring. Notwithstanding the foregoing, by using or accessing our service, you will have released and discharged the Company, its officers, directors, managers, members, employees, agents, affiliates, and third parties, from any and all liability which might arise from the disclosure of your personal information to third parties, whether inadvertent or otherwise.
  
• This site may contain links to other websites.  Please be aware that the Company is not responsible for the privacy practices of other websites.  We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information.  This privacy statement applies solely to information collected by us.

 

CHANGES IN OUR PRIVACY POLICY
Please note this Privacy Policy may change occasionally.  It is your responsibility to review this Privacy Policy periodically in order to become familiar with any changes.

GENERAL RULES REGARDING CONTESTS AND PROMOTIONS

We may run contests and promotions from time to time. The following terms generally govern such contests and promotions (hereinafter, the "Contest").

OFFICIAL RULES; NO PURCHASE NECESSARY

The period for any contest or promotion will be displayed on our site (the "Contest Period"). By participating in the Contest, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules, which shall be final and binding in all respects.

ELIGIBILITY: Only legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years of age, or the age of majority in the state of his/her residence, whichever is older, at the time of entry are eligible to enter the Contest. It is the entrant’s responsibility to check the laws of the state and/or country where to the entrant is domiciled to ensure that he or she is eligible to participate in the Contest. All entrants agree to release, hold harmless, and indemnify the Company for any damages to Company and/or entrant resulting from the entrant’s participation in the Contest. Employees, officers and directors of Company and any of its parent, subsidiary and affiliated companies (collectively, the "Contest Entities"), as well as members of their immediate family (spouse, parents, siblings and children) or household are ineligible to participate in the Contest or win a prize. Void where prohibited by law.

HOW TO ENTER: No purchase is necessary to enter this Contest. Eligible entrants may enter by going to our site during the Contest Period and following the directions to fill out and submit the entry form for the Contest ("Entry Form"). Entries may also be received by mail at PO BOX 899, Santa Barbara, CA 93102. All entries must comply with our Terms of Use. We reserve the right to determine, in our sole discretion, which entries have satisfied the entry requirements. All entries must be actually received by us by the end of the Contest Period in order to participate. The use of any device to automate the entry process is prohibited.

SUBMITTED MATERIALS: "Material" includes to the extent applicable any information and material (e.g. photos, writings, statements and comments) submitted by an entrant in or in connection with the Contest. By submitting Material, each entrant represents and warrants to Company that (i) the Material is wholly original with the entrant and does not infringe upon or otherwise violate any right of any third party, (ii) the entrant has all rights necessary to submit the Material in the Contest in accordance with these Official Rules and to grant all rights in the entry to us, and (iii) no party other than the entrant has any right, title or interest in and to the Material or any part of the Material. By participating in this Contest, each entrant hereby agrees to indemnify and hold harmless Company and the Contest Entities and their respective affiliates, employees, officers, managers, members, directors, and agents from any claim, liability, injury, damage or other loss arising out of or related to your participation in the Contest, including without limitation any Material submitted, and any failure on your part to fully comply with these Official Rules, and any acceptance and use of any prize. Material must not contain offensive or lewd content, or any content that violates of our Terms of Use, as determined by us in our sole and absolute discretion. All Material submitted will become our property and will not be returned. By entering the Contest, each entrant irrevocably grants, transfers, sells and assigns to Company a fully-paid, exclusive right and license to publish, perform, reproduce, prepare derivative works of, morph, scan, edit, alter, distribute, display, exhibit, transmit, broadcast, televise, digitize and otherwise use, and permit others to use, the Material in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, including without limitation on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Company and its services, all without further notice, consent or approval from or payment to such entrant, and each entrant hereby releases Company and the Contest Entities from any liability arising out of any such use. Submissions that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by Company, in its sole discretion, will be disqualified and will not be considered for a prize. Certain entries may be featured from time to time on our site during the Contest Period, and site visitors may be invited to vote for their favorite featured entry; being selected as a featured entry and/or receiving visitor votes is unrelated to the Judging Criteria (as defined below) and does not guarantee selection as a prize winner in the Contest. For the avoidance of doubt, any site visitor voting is independent of the Judging Criteria and obtaining the most Website visitor votes (if any) does not entitle any such Submission to any prizing.

PRIZES / ODDS: Any Contest run by the Company shall not be deemed a lottery. Each Contest may feature different amounts of prizes and winners. This information will be displayed during the Contest. Odds of winning a prize depend on the number of eligible entries received during the Contest Period.

GENERAL PRIZE CONDITIONS: All details and other restrictions of prizes not specified in these Official Rules will be determined by us in our discretion. Any and all prizes will be delivered only to an address in the United States. Prizes are non-assignable and non-transferable. No cash alternative or prize substitutions will be allowed, except Company reserves the right to substitute prize(s) of comparable value if the prizes listed or any component of any prize listed is unavailable for any reason. Any prizes depicted in promotional packaging or otherwise in connection with this Contest are for illustrative purposes only and may not represent the actual prize(s) that is (are) awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. The prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Any prize winner may be required to execute one or more of the following in order to claim their prize: an Affidavit of Eligibility, a Liability Release, a Work-For-Hire/Copyright Assignment of the Submission, originals of any and all releases, permissions and licenses of any elements used in their Submission, a W-9 Form, and (where legal) a Non-Disclosure Agreement and a Publicity Release (collectively, "Prize Claim Documents"). Time is of the essence in awarding the prizes. Accordingly, if a winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or a shorter time if required by exigencies), the winner may be disqualified and the next runner up may be selected as an alternate winner. Company may issue a Form 1099 to each winner.

WINNER SELECTION AND NOTIFICATION: Eligible entries will be judged on objective criteria relevant to the specific contest ("Judging Criteria"). Winning entries will be selected by a judging process in which a qualified panel of judges ("Judges"), selected by Company in its sole discretion, will evaluate each eligible entry based on the Judging Criteria. Entrants agree that Company has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Company are final and binding. Within two (2) weeks of the conclusion of the Contest Period, the potential winners will be notified by telephone and/or mail and/or email using the contact information provided at the time of entry. Company shall have no liability for any winner notification that is lost, intercepted or not received by the potential winners for any reason. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate may be selected. Company may successively attempt to contact up to two (2) potential winners in accordance with such procedure, and if there is still no confirmed winner of a prize after such attempts have been made, if any, the prize may go un-awarded.

PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Company and any entrant in or winner of the Contest, each entrant irrevocably grants the Company and Contest Entities and their respective successors, assigns and licensees, the right to use such entrant's name, likeness, and biographical information, and any individual(s) participating therein, in any and all media (including, without limitation, as a featured video on the site) for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the site, the Contest or other promotions related to Company or its affiliates, without further payment or consideration, and hereby release the Company and Contest Entities from any liability with respect thereto.

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Company and Contest Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of the prize(s), and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize's quality or fitness for a particular purpose. Company assumes no responsibility for any damage to a participant's computer system which is occasioned by accessing the site or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections including without limitation, those that are human or technical in nature. Without limiting the generality of the foregoing, Company is not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Company reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the participation process or the operation of the Contest or the site, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Company reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Company is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Company’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Company shall have the right to modify, suspend, or terminate the Contest. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

DISPUTES: Except where prohibited, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and/or federal courts located in Santa Barbara, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Company in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

PRIVACY AND PERSONAL INFORMATION: By entering the Contest, you grant Company permission to share your email address and any other personally identifiable information with the other Contest Entities solely for the purpose of administration, judging and prize fulfillment.

WINNERS LIST/OFFICIAL RULES: To obtain a copy of the winners list, send a self-addressed stamped envelope to Winners List, PO BOX 899, Santa Barbara, CA 93102. All such requests must be received no later than six (6) weeks after the end of the Contest Period. These Official Rules generally apply to any contest run by the Company, but may be modified by the Company, in its sole discretion, as to any specific contest. Please write to above address for a copy of the official rules relating to any specific contest.