Terms and Conditions
Definitions and legal references
This Website (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Owner (or We)
Triskelion Industries LLC DBA Avoyelles Phone Shop – The natural person(s) or legal entity that provides this Website and/or the Service to Users.
Service
The service provided by this Website as described in these Terms and on this Website.
Terms
Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.
User (or You)
The natural person or legal entity that uses this Website.
This document is an agreement between You and Triskelion Industries LLC DBA Avoyelles Phone Shop.
You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply.
These Terms govern
- the conditions of allowing the use of this website, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in appropriate sections of this document.
The User must read this document carefully.
If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.
Nothing in these Terms creates any special relationship such as joint venture, employment, agency, or partnership between the involved parties.
This Website is provided by:
Triskelion Industries LLC DBA Avoyelles Phone Shop
114 Percy Aymond Road
Bunkie, Louisiana 71322
United States
Owner contact email: eric@avoyellesphoneshop.com
Summary of what the User should know
- Please note that some provisions in these Terms may only be applicable to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each applicable section. In the absence of any such mention, sections apply to all Users.
Terms of use
Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
- There are no restrictions for Users in terms of being Business/Commercial Users or Consumers.
Content on this Website
Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors.
The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.
In such cases, the User is requested to report complaints using the contact details specified in this document.
Rights regarding content on this Website – All rights reserved
The Owner reserves and holds all intellectual property rights for any such content.
Users may therefore not use any such content, in any way that is not necessary or implicit in the proper use of the Website/Service.
In particular, but without limitation, Users may not broadcast, copy, save, download, print, share (beyond the limits set forth below), transform, modify, translate, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
How to file a takedown notice (called a “DMCA notice”)
If copyright holders or their agents believe that any content on this Website infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
- Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
- A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright Owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.
Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Liability and indemnification
EU Users
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of this Website due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber-attacks, interruptions in the delivery of products, third-party services or applications;
- any losses that are not the direct consequence of a breach of the Terms by the Owner;
- any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via this Website. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to this Website.
Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:
In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
US Users
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet User’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at User’s own risk and Users shall be solely responsible for any damage to User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with User’s web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
- any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to the Service, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s willful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Web Design and Mobile App
Each website or mobile app belongs to the User and is either hosted by the Owner or User. The User is responsible for any and all content displayed or contained in the webspace. This includes the website, domain, any and all subdomains, email, and/or other related service(s).
If the website or mobile app is not hosted by the Owner, the User will be responsible for maintaining and updating the website or mobile app without the assistance of the Owner, unless an appropriate maintenance package is purchased.
The User agrees that the Owner will have a reasonable amount of time to perform updates or provide maintenance to any services purchased.
If any of the Owner’s services are terminated by the User, any and all premium licenses that were provided by the Owner will also be canceled, even if that means content will no longer display or perform correctly. Before canceling the premium licenses, the Owner will attempt to inform the User on the appropriate steps to obtain their own license for the premium content.
If the User purchases a hosting only package, the Owner will provide a backup service, one on-site and one off-site, however, it is still recommended that the User organize their own backup of their content. The terms on-site and off-site refer to the physical location of the server hosting the service. The Owner shall maintain a super admin profile on all hosted sites for the express reason of providing premium licenses and backups to the User. The Owner shall not be responsible for maintenance or updates while the User is utilizing a hosting only package. The User shall also expect minimal tech support from the Owner while utilizing a hosting only package.
Unless the User purchases an e-commerce plan, the User will not sell items or services utilizing the website, until they purchase the upgraded plan.
By purchasing a trial package with the Owner, the User will be allocated a webspace on a subdomain of the Owner, until such time as the User purchases a domain package. It shall be the responsibility of the User to cancel the trial package before the billing date, if they decide to no longer use the service(s).
The Owner utilizes automatic payments for services provided, and it is the responsibility of the User to make sure the payment will be completed. It is also the responsibility of the User to enable or disable automatic payments in their client profile.
If a User, or other entity, corrupts or damages a website, mobile app, or any related content, the Owner will attempt to recover the data, but ultimately the User is responsible.
The Owner is not responsible for any service outages from the hosting company of the physical server, which is Ionos by 1 & 1.
Each website package, that includes a domain hosted by the Owner, that is hosted and maintained by the Owner will be provided a noreply@domain.com email address, for the sole purpose of the website sending out notifications. Any User’s who purchase an e-mail package, will use the e-mail address purchased for website notifications.
Each website will be issued a generic privacy policy and cookie notice, that includes the User’s contact information. It is the responsibility of the User to provide any other policies they choose to have listed in addition to or in place of the provided policies. The Owner shall not be responsible for the content of any legal policy on the website, mobile app, or related content.
The User understands that the Owner may need login access as an administrator to any linked services or accounts, including, but not limited to, social media, payment processors, and shipping accounts, for the purpose of website maintenance and troubleshooting.
Only domains that are hosted by the Owner will be provided SSL credentials.
The User is responsible for their own marketing and providing the content for the website or mobile app. The User shall not hold the Owner responsible for any loss, estimated loss, or projected loss, in income due to the content, marketing, or advertising.
The Owner shall utilize certain outside contractors for certain aspects of the webspace and the User shall be informed of such services. If content is provided by the outside contractor, the User agrees to abide by the outside contractor’s terms and conditions.
The User understands that there are unforeseen circumstances or technical issues that may arise, which could result in any services being temporarily unavailable.
The Owner shall not be liable for the Users mobile app working on every platform or with every software version. An example of this would be a newly released device or a newly released software version from Apple or Google Play.
Unauthorized use of the hosted space may give rise to a claim for damages, be a criminal offense, or both. The Owner will cooperate with any applicable law enforcement agency, whether through subpoena or not, concerning the User’s website or mobile application.
If the User has not paid for their service by the 15th of the month due, the website or mobile app will be suspended from public viewing until such time as any and all fees are paid. If the annual domain fee is not paid by the 15th of the month due, the domain will be released by the Owner back into the public marketplace and made available for purchase. The Owner is not liable if the domain is then purchased by another entity. In regards to maintenance only packages, if the User has not paid for the service by the 15th of the month due, the Owner will not complete any maintenance or updates of the website or mobile app. Any and all fees paid to the Owner from the User are non-refundable.
By the User’s continued use of the Owner’s web hosting, web development, or any and all similar services, whether the webspace was donated or purchased, they have agreed to these Terms and Conditions in its entirety.
Device repair
Users authorize Owner to perform the work described in the request/quote on the device(s) surrendered. The User understands and agrees that payment is due when services are rendered. On some repair requests, Users may be required to pay a non-refundable down payment before the part is ordered. The deposit shall be credited towards the Users outstanding balance upon services being rendered. The User will be notified when the Owner receives the part(s), so the repair can be scheduled. If the User does not surrender the device for repair within thirty (30) calendar days, the Owner reserves the right to return the part(s) to the manufacturer without refunding the initial deposit paid by the User, as previously stated.
By surrendering the User(s) device(s) for repair, you affirm that the Owner will only be held liable for the agreed upon repair, and not any other issues with the device that may be discovered during or after the repair process. If the Owner finds another issue during the repair, the Owner will attempt to contact the User before the Owner proceeds further with the repair. If the User does not respond to the Owner within 7 calendar days, it is at the Owner’s discretion to complete the repair or continue to wait. If the initial repair is completed, any further repairs will be considered an additional and separate repair and are subject to additional labor charges to the User.
The User understands that the Owner has no control and is not liable for the messages from a device manufacturer about aftermarket parts.
If the User chooses to utilize the Owner’s drop box, they do so at their own risk and the Owner is not responsible, financially or otherwise, for any theft or damages that result in the device being left in the drop box.
The Owner may use rebuilt, reconditioned, or new parts or components when repairing your device. If your device should malfunction, it must be returned to the Owner within the warranty period, and, if covered by the Limited Warranty, shall be repaired or replaced at no charge. While your property is in possession of the Owner, they assume full liability if the device gets lost or damaged, unless otherwise stated in this agreement, for the device. If your device is damaged or lost while in our possession, we will provide you with a replacement device or repair your device at no cost to you. The replacement device will be either new or used and is at the discretion of the Owner. Any property, to include parts or devices that the Owner replaced, shall become property of the Owner and the User waives all rights they may have under states or other laws to claim said property.
The Owner will cooperate with any applicable law enforcement agency, whether through subpoena or not, concerning the User’s device(s).
Data on device
The User is solely responsible for backing up and retaining any data on your device. The User is also solely responsible for deleting, encrypting, or otherwise protecting your data from unauthorized use. The Owner will not back up or restore your data, and is not responsible for any data that is lost or corrupted. The Owner will not treat data on your device as confidential and disclaims any agreement with you or other obligations to do so.
The Owner will cooperate with any applicable law enforcement agency, whether through subpoena or not, concerning the data on the User’s device(s).
Limited warranty
The Owner is not liable for honoring or for the cancellation or termination of any manufacturer’s warranty. Furthermore, if you surrender your device for a warranty repair from the Owner, and it is discovered, by the Owner upon further inspection, that the issue with the Users device is not covered by warranty, the User will be contacted and the repair will not begin unless the User authorizes, whether by written or verbal communication, additional charges.
The Owner’s labor is covered by a lifetime warranty, unless upon further inspection, the Owner discovers that the User’s device has been tampered with or damaged. Most cell phone parts obtained from Mobile Sentrix by the Owner, other than batteries, or any part that the Owner informs the User is not covered, comes with a manufacturer’s lifetime warranty through Mobile Sentrix. All mobile device batteries, from Mobile Sentrix, are covered by the Owner for thirty (30) calendar days. Any and all accessories, including, but not limited to, screen protectors and chargers, are not covered under any warranty. Any physical, internal, or liquid damage automatically voids any and all expressed or written warranties, whether the damage was caused by the User or not. The warranty does not apply to defects resulting from any action by the User, including but not limited to mishandling, physical damage, liquid damage, improper repair by someone other than the Owner, or unauthorized modification. Any and all expressed or written warranties are void if the device shows signs of having been tampered with, such as a broken seal, or shows evidence of being damaged. The Owner is not responsible for a manufacturer voiding a device(s) warranty from it being opened, or repaired, by the Owner.
If the User does not register the warranty on the Owner’s website, https://avoyellesphoneshop.com/warranty-registration/,within thirty (30) calendar days of the date the device(s) was received by the User from the Owner, any and all expressed, written, or verbally stated warranties are void.
Loaner device
The Owner is not required to let the User borrow a loaner device, but will at the discretion of the Owner. If the User borrows a loaner device, the User shall not apply any account locks or passcode locks to the device. The User affirms that they will return the device in the same condition that the User received it in. The User affirms that they are financially responsible for any loss, theft, or damages to or of the loaner device. The Users device shall not be returned to the User until the loaner device is inspected by the Owner for any damages and to ensure that the loaner device is free of any passcode or account locks. In the event the loaner device is damaged or lost, the User shall pay for the damages, up to the current full retail price of the device, before the Users device is returned. The User also understands that all data will be wiped from the loaner device upon return, and the Owner will not be held liable for any data the User neglected to retrieve before turning in the loaner device.
Device pick-up
Payment must be made by the User before the device(s) is returned to the User. Upon the User accepting the device, the User affirms that the device has been received, inspected, and guarantees that there are no issues that the User will hold the Owner liable for.
Payment
Venmo, CashApp, Cash, Apple Pay, Google Pay, and All Major Credit Cards accepted using Square. Standard card/bank fees apply and are not obtained by the Owner. No checks accepted. Sales tax for the State of Louisiana and Avoyelles Parish will be collected from the User by the Owner for any and all sales. The Owner does not charge a fee for the User to complete a transaction using any form of payment, however, the Owner is not liable for any fees to the User’s financial institution.
Price increases and decreases, along with any coupons or discounts, are at the sole discretion of the Owner and are subject to change at any time.
Abandoned Property
If the User fails to pick up the device(s), including replacement devices, or otherwise arrange for its return, and payment is not made, ninety (90) days after the date the User is notified that the device is ready for pickup the device(s) will be considered abandoned. The User authorizes the Owner to dispose of the property using its sole discretion, to include sale to recoup administrative fees, storage, and repair costs.
If the User fails to pick up the device(s), including replacement devices, or otherwise arrange for its return, and payment has been made, one hundred and twenty (120) days after the date the User is notified that the device is ready for pickup, the device(s) will be considered abandoned. The User authorizes the Owner to dispose of the property using its sole discretion, to include sale to recoup administrative fees, storage, and repair costs.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
Intellectual property rights
Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors.
Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.
The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.
Failure to accept the revised Terms may entitle either party to terminate the Agreement.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability
Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Authoritative version of these Terms
These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of Louisiana.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
US Users
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
UK Users
Consumers based in England may bring legal proceedings in connection with these Terms in the English courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.
Surviving provisions
This Agreement shall continue in effect until it is terminated by either this Website or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
- the User’s grant of licenses under these Terms shall survive indefinitely
- the User’s indemnification obligations shall survive for a period of five years from the date of termination
- the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.
Last Updated: May 14, 2024
