Version 2.4 March 2, 2015
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHETHER YOU ARE A “VISITOR” (WHICH MEANS THAT YOU SIMPLY BROWSE THE Twistity.com SITE) OR YOU ARE A “MEMBER” (WHICH MEANS THAT YOU HAVE REGISTERED WITH ANY OF THE Twistity.com SITES). THE TERM “USER” REFERS TO A VISITOR OR A MEMBER. “YOU” REFERS TO YOU AS A VISITOR OR A MEMBER. Twistity.com INC., ITS SUBSIDIARIES, AND AFFILIATES (“COMPANY”) IS WILLING TO ENTER INTO THIS AGREEMENT WITH YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF ITS TERMS. IF YOU REGISTER AS A MEMBER AND ACCEPT ALL THE TERMS, SELECT THE “ACCEPT” BUTTON. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, SELECT THE “DO NOT ACCEPT” BUTTON AND THE REGISTRATION PROCESS WILL NOT CONTINUE. IF YOU SELECT THE “DO NOT ACCEPT” BUTTON OR YOU ARE OTHERWISE UNWILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO REGISTER.
BEFORE YOU SELECT THE “ACCEPT” BUTTON, YOU SHOULD PRINT OFF OR SAVE A LOCAL COPY OF THE AGREEMENT FOR YOUR RECORDS. IF YOU DO NOT WISH TO REGISTER BUT WOULD LIKE TO BROWSE OUR WEBSITE AS A VISITOR YOUR CONTINUED USE OF THE SERVICE WILL BE DEEMED ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THIS AGREEMENT, PLEASE DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEBSITES REFERRED TO IN THIS AGREEMENT.
Eligibility. Twistity.com Site is not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, please do not register or submit any personal information to the Twistity.com Site. When you register with the Twistity.com Site you represent that you are at least 18 years of age and have the authority to register with such site. The Twistity.com Site is not available to minors under the age of 18 or to any users suspended or removed from the system by the COMPANY. If you do not qualify, you may not register with the COMPANY.
Copyright and License. All copyrighted, copyrightable materials, trademarks, service marks and/or trade dress on the Twistity.com Sites, including but not limited to the website design, text, design, manuals, graphics, images, pictures, page headers, sound and other files, and the selection, compilation and arrangement thereof (collectively, “Materials”) are the sole the property of the COMPANY or its third party business associates. These materials are protected by U.S. and international intellectual property laws. The COMPANY grants you a license to electronically, copy and to print in hard copy portions of this website for your information purposes only. This license does not include the right to: (a) use the Twistity.com Site or Materials for other than for your personal informational purposes, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of any Twistity.com Site, including any images found on any Twistity.com Site or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of any Twistity.com Site or the Materials; (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods; (f) post obscene content; or (g) any other illegal or unlawful activity. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Twistity.com Site. You may not use the Twistity.com Site to compile a collection of listings, including a competing listing product or service. You may not use the Twistity.com Site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by the COMPANY and/or any third party owner of such rights.
No Endorsements Made By Twistity.com. The Twistity.com Site may provide links to other third party sites (“Linked Sites”) for your convenience and enjoyment. Please note that if you access the Linked Sites you do so at your sole risk. We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions (“Promotions”) or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Twistity.com Site. In addition, we are not responsible for any viruses, Trojan horses, or other items of a destructive nature that they may contain.
COMPANY WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. COMPANY IS NOT AND WILL NOT BE RESPONSIBLE FOR (I) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN USER AND ANY THIRD PARTY, (II) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY SUCH THIRD PARTY’S BACKGROUND, INSURANCE, CREDIT OR LICENSING, OR (III) THE QUALITY OF SERVICES PERFORMED BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES, (IV) ANY CONTENT ON THE THIRD PARTY SITES (V) THE QUALITY OF ANY PRODUCT SOLD BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY SUCH THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LIABILITY, (VI) THE AVAILABILITY OF ANY DISCOUNTS OR SPECIAL PRICING TERMS INDICATED ON THIS SITE OR ANY LINKED SITE OR (VI) ANY DATA SECURITY OF SUCH THIRD PARTIES. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE COMPANY, AND WAIVE IN FAVOR OF COMPANY, (AND ITS AGENTS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
You, having the specific intent to release all claims and potential claims described in the foregoing paragraph, hereby acknowledge and expressly waive the provisions of 1542 of the California Civil Code, which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Notwithstanding the provisions of ? 1542 of the California Civil Code, you intend to release all claims described in the above paragraph of this Agreement, whether now existing or hereafter arising, known or unknown, and asserted or not asserted as of the date hereof.
Not a Substitute for Professional Advice. Although the content that is presented on this website may be compiled by those knowledgeable in their fields, information provided on the website is not intended to be a substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. In addition, we cannot guarantee the accuracy of the information or any content on the Twistity.com Sites. You will not construe information on the Twistity.com Sites as professional advice and understand it is for informational purposes only. If you submit a request for information we will assume you are interested in receiving professional advice. Such information might vary substantially in different states and jurisdictions and according to the individual factual circumstances surrounding a particular request for information, response to a request for information or comment. We do not guarantee that the any information you may receive in response to your request will be helpful, accurate or responsive to your request.
No Warranty. The COMPANY does not endorse or recommend, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned in any request for information, response to request for information or comment. Further, the COMPANY does not endorse or support any opinion expressed in a request for information, response to request for information or comment. THE Twistity.com SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. THE COMPANY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE Twistity.com SITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY: INFORMATION PROVIDED ON OR THROUGH THE Twistity.com SITE IS AVAILABLE FREE OF CHARGE. IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY USER FOR HIS/HER USE, MISUSE OR RELIANCE ON ANY CONTENT, PRODUCT, OR SERVICE DISPLAYED ON OR ACCESSED VIA Twistity.com SITES FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, WHETHER BROUGHT UNDER THE THEORY OF WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF ANY Twistity.com SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIALS CONTAINED IN OR ACCESSED FROM ANY Twistity.com SITE. THE COMPANY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON ITS Twistity.com SITES OR OTHER MATERIALS ACCESSIBLE FROM ANY OTHER WEBSITES.
THE USER OF ANY Twistity.com SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF ANY Twistity.com SITE AND THE INTERNET GENERALLY.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Hold Harmless and Indemnity. You agree to hold harmless and indemnify the COMPANY and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Twistity.com Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, the COMPANY will provide you with written notice of such claim, suit or action.
No Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Twistity.com’s prior written consent. Any such purported assignment or delegation by you without Twistity.com’s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Twistity.com at its sole and absolute discretion.
Modifications. The COMPANY may change any term of this Agreement at any time and for any reason after providing notice to you, including by posting notice of the change on the Twistity.com Site at or by sending you an email of the change to this Agreement. If any changes to this Agreement are unacceptable to you, you must discontinue using the Twistity.com Site. Notice of the changes to you coupled with your continuing use of the Twistity.com Site will be evidence of your assent to the new terms of this Agreement.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Twistity.com Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Venue And Choice Of Law: This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. You agree to submit to personal jurisdiction in Wilmington, Delaware. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws.
Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The COMPANY’s failure to act with respect to a breach by you or others does not waive the COMPANY’s right to act with respect to subsequent or similar breaches. The failure of the COMPANY to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement constitutes the entire agreement between the COMPANY and you with respect to the subject matter hereof.