FastTwitchGrandma LLC Terms of Use

Terms of Use posted on October 17, 2016 (Effective Date)

IMPORTANT: PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AS YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO ABIDE BY THEM. Do not use the Site if you do not agree with these Terms.

The website www.fasttwitchgrandma.com (the “Site”) is owned and operated by FastTwitchGrandma LLC (“FastTwtichGrandma”, “we”, “our”, or “us”). The Site enables visitors to the Site (“user”, “users”, “you”, or “your”) to learn information about us.  These Terms of Use (“Terms”) explain a contractual agreement between you and FastTwtichGrandma regarding your use of the Site.

You should visit this page and periodically reread these Terms as FastTwtichGrandma reserves the right at its sole discretion to update, modify, and revise these Terms at any time. Any such changes to these Terms will be effective immediately upon posting, and your continued use of the Site following such changes constitutes your acceptance of the changed Terms and your agreement to be bound by them. When FastTwtichGrandma changes these Terms, FastTwtichGrandma will provide notice by updating the effective date above.

Your Privacy

Your personal privacy is very important to FastTwtichGrandma. FastTwtichGrandma’s Privacy Policy is hereby incorporated into and made a part of these Terms. By using the Site, you also accept and agree to FastTwtichGrandma’s Privacy Policy. If you have not already reviewed it, please read FastTwtichGrandma’s Privacy Policy at www.fasttwitchgrandma.com/privacy-policy-2. If we make a change to our Privacy Policy that we reasonably believe may considerably affect how we collect, disclose, or otherwise share your personal information, we will post a separate notice to that effect on our home page with a link to the revised Privacy Policy.

Use of FastTwtichGrandma Content and Intellectual Property

This Site contains material, including images, video, layout, look, appearance, trademarks, written materials, third-party information, software, source and/or object code, data, music, sounds, information and other FastTwtichGrandma content (collectively “Content”), which is derived in whole or in part from material supplied by FastTwtichGrandma and other sources, and is protected by international copyright, trademark, patent, privacy, publicity, communications, and other laws, rules and regulations. Unauthorized use of the Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original FastTwitchGrandma Content on any authorized copy you make of the Content.

You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content (unless submitted by you) without FastTwitchGrandma’s prior permission. You may print or download one copy only of Content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

The following trademarks and service marks are owned by FastTwitchGrandma: FastTwitchGrandma, and FASTTWITCHGRANDMA (logo).

Graphics, logos, and Content created by FastTwitchGrandma are the property of FastTwitchGrandma and may not be used without permission.

You may use the Site and the Content offered on the Site only for personal, non-commercial purposes. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data-mining software, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without prior written consent fromFastTwitchGrandma. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

Information Available on the Site

FastTwitchGrandma does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that you draw from the information presented here are your own and are not to be attributed to FastTwitchGrandma. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Your Account

In the event that you are provided with user identification names, numbers or codes, and/or passwords (“Access Credentials”) in connection with your use of this Site, you shall keep your Access Credentials strictly confidential and not share them with anyone. You are responsible for any misuse of the Site or any Content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notifyFastTwitchGrandma if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials.FastTwitchGrandma may terminate your access to, and your use of, the Site immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.

You agree to provide true, accurate, current, and complete information about yourself (all of which will be subject to FastTwitchGrandma Privacy Policy).  If you provide any information that is untrue, inaccurate, not current, or incomplete (or FastTwitchGrandma has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete), FastTwitchGrandma has the right to revoke your Access Credentials and suspend or terminate your access to and use of the Site.

Links to Third-party Sites

FastTwitchGrandma may provide relevant links to information outside of the Site as additional resources for users of the Site.  However, FastTwitchGrandma does not endorse any views expressed, or products or services offered, through or on such third-party websites. Neither FastTwitchGrandma nor its affiliates operate or control in any respect, or are in any way responsible for, any information, products, or services on these third-party sites. You should carefully review the terms of service and privacy policies on any such third-party site as these Terms andFastTwitchGrandma’s Privacy Policy do not apply to your activities on such third-party sites.

Content Posted on the Site by Third-party Content and Advertising Partners

Some of the Content posted on the Site may be posted by third-party content and advertising partners (“Third-party Content”) with whom we have relationships (“Content Providers”). You hereby acknowledge that (i) FastTwitchGrandma is not responsible and disclaims any and all liability for any aspect of such Third-party Content, (ii) the Content Provider posting such Third-party Content on the Site is solely and exclusively responsible for such Third-party Content, (iii) FastTwitchGrandma makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality, or decency of such Third-party Content, and (iv) FastTwitchGrandma cannot and does not guarantee that Third-party Content complies with these Terms.

Disclaimer of Warranties

THE CONTENT AVAILABLE ON THIS SITE AND THE THIRD-PARTY SITES IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  FASTTWITCHGRANDMA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES. FASTTWITCHGRANDMA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. TO THE FULLEST EXTENT POSSIBLE BY LAW, FASTTWITCHGRANDMA DOES NOT WARRANT THAT THE SITE OR ANY FASTTWITCHGRANDMA SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, FASTTWITCHGRANDMA IS NOT RESPONSIBLE FOR THOSE COSTS. YOU (AND NOT FASTTWITCHGRANDMA) ASSUME THE ENTIRE COST NECESSARY FOR YOU TO ACCESS AND USE THE SITE.

THE CONTENTS OF THIS SITE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT IN ANY WAY BE CONSTRUED AS CONSTITUTING THERAPY, MEDICAL ADVICE, OR PROFESSIONAL SERVICES OF ANY KIND. ANY ACTION OR DECISION THAT YOU MAKE REGARDING THIS INFORMATION IS ENTIRELY YOUR OWN RESPONSIBILITY AND IS TAKEN BY YOU SOLELY AT YOUR OWN RISK.

Limitation of Liability

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FASTTWITCHGRANDMA IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL FASTTWITCHGRANDMA, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES AND ITS EMPLOYEES BE LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN OUR SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH OUR SITE INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL FASTTWITCHGRANDMA, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES AVAILABLE THROUGH OUR SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. 

Indemnity

You agree to defend, indemnify, and hold harmless FastTwtichGrandma and its owners, principals, affiliates, subsidiaries, licensors and licensees, and their and FastTwtichGrandma’s directors, officers, employees, contractors, and representatives from any and all liabilities, claims, judgments and expenses, including attorneys’ and expert fees and court costs, that arise from (i) your use or misuse of the Site; (ii) your violation of these Terms; (iii) your violation of any law or third-party right, including without limitation any third-party’s patent, copyright, trademark, privacy/publicity, or other proprietary rights; and/or (iv) any claim that any Content posted by you caused damage to a third party. FastTwitchGrandma will give you notice in the event of an indemnifiable event. FastTwitchGrandma reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FastTwitchGrandma in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms.

Termination

These Terms will remain in full force and effect while you are a user of the Site and may be terminated by FastTwitchGrandma at any time with or without notice.  Additionally, in the event that you violate these Terms, these Terms shall be deemed to be automatically terminated. In the event of termination, you are no longer authorized to use or access the Site. You hereby acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Site, the disclaimers and limitations of liabilities, and your indemnification obligations, shall survive the termination of these Terms.

International Use

This Site is managed in the State of New York, United States of America. FastTwitchGrandma makes no representation that Content of, or any services or products available through, the Site is appropriate or available for use in locations outside the United States. Accessing the Site from territories where the Site’s Content is illegal is expressly prohibited. If you view the Site and/or access the services from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.

Deactivation of the Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part or portion thereof. Nothing in these Terms shall be construed to obligate FastTwitchGrandma to maintain and support the Site, or any part or portion thereof, during the term of these Terms.

Miscellaneous

Governing Law

You hereby agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of the State of New York, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in New York or New York County, New York, for all disputes, cases, and controversies regarding this Site, your use of this Site, and your relationship withFastTwitchGrandma.

Limitation on Claims

YOU AND FASTTWITCHGRANDMA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.  TO THE FULLEST EXTENT POSSIBLE BY LAW, FASTTWITCHGRANDMA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.


No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, andFastTwitchGrandma’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement and Severability

Unless otherwise specified herein, these Terms constitute the entire agreement between you and FastTwitchGrandma with respect to your use of the Site. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Eligibility

You affirm that you are either 18 or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and be legally bound by these Terms.  You must be 18 years or older or the age of majority in your jurisdiction to visit or use our Site in any manner.

Assignment

These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned byFastTwitchGrandma without restriction.

Contact Information
If you have any questions regarding these Terms, you may write to FastTwitchGrandma by email at hello@fasttwitchgrandma.com or by postal mail at: FastTwitchGrandma LLC, 299 W. 12
th Street PHA, New York, NY 10014.