Terms of Use
Welcome to MyFreshEgg.com site (the "Site"). Thank you for visiting!
It is important to us that you, and our other visitors, have the best possible time while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations. This Site is maintained, controlled and operated by TEN Media, LLC (“TEN Media”).
Terms of Use, Notices, and Revisions.
If you choose to visit and use the MyFreshEgg.com website, you agree that your visit and any dispute over terms are subject to this Terms of Use Policy. Some areas of this Site may be subject to other terms and conditions in addition to the Terms of Use, which you should read carefully before making any use of those areas. For example, you agree that any disputes over privacy are subject to the Privacy Policy of this Site as well as the Terms of Use. Such additional terms will not change or replace these Terms of Use regarding use of this Site, unless otherwise expressly stated. Terms of Use Policy may change and use of information that we gather now is subject to the Privacy Policy in effect at the time of use. If we change our Terms of Use Policy, we will post the revised version here, so we suggest that you check here periodically for the most up-to-date version of our policies. Rest assured, however, that any changes will not be retroactively applied without your consent and will not alter how we handle previously collected information. MyFreshEgg.com provides users with access to its website (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for MyFreshEgg.com to provide the Service. You also understand and agree that the Service may include certain communications from MyFreshEgg.com, such as service announcements, administrative messages and the MyFreshEgg.com Newsletter, and that these communications are considered part of the Service. You understand and agree that the Service is provided "AS-IS" and that TEN Media, who controls and operates MyFreshEgg.com, assumes no responsibility for the timeliness, deletion, misdelivery and accuracy of the Service. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
How to Contact Us.
As stated earlier, this Site is controlled and operated by TEN Media. Please forward any questions regarding the Terms of Use Policy via email at the Contact Us Page.
Legal Capacity.
Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have the legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
Online Privacy Notice.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site.
Trademarks and Copyrights.
This Site and materials incorporated by TEN Media on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the words, characters, logos or other images on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by TEN Media ("Trademarks"). TEN Media respects the intellectual property rights of others and asks users of this Site to do the same. Please do not use TEN Media’s Trademarks without their express written consent.
Your Use of Material.
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by TEN Media. Any authorization to copy Material granted by TEN Media in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
You agree to not use the Service to: Upload, post, email, transmit or otherwise make available any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, is invasive of another’s privacy, or is ethnically or otherwise objectionable or offensive;
(b) seeks to exploit or harm children or minors in any way, by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(c) infringes any intellectual property, right of publicity, patent, trademark, trade secret, copyright or other proprietary rights of any party, entity or person;
(d) violates any law or may be considered to violate any law;
(e) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) advocates or promotes illegal activity;
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(h) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities or exchanges via the Site;
(l) copies any other pages or images on this Site except with appropriate authority;
(m) includes MP3 format files;
(n) amounts to 'data warehousing', collects or stores personal data about other users (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your Site comes directly via us;
(o) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(p) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or similar schemes, or any other form of solicitation;
(q) interferes with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(r) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
(s) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (r) above. In addition, you are prohibited from removing any sponsorship banners or other material inserted by TEN Media and any subsidiaries or affiliated companies of TEN Media anywhere on this Site (e.g., on any web space made available for your use).
System Abuse.
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.
By Law.
You acknowledge, consent and agree that TEN Media may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service (“TOS”); (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MyFreshEgg.com, its users and the public.
Usage Rules.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by TEN Media and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Indemnify.
You agree to indemnify and hold TEN Media and any subsidiaries or affiliated companies of TEN Media and their parent, subsidiaries, affiliates, members, managers, directors, officers, agents, co-branders or other partners, and employees and independent contractors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Not to Reproduce, Duplicate, Copy, Sell.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion or resource of the Service, use of the Service, or access to the Service.
Modification.
TEN Media, who controls and operates MyFreshEgg.com, reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TEN Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Third Parties.
Your correspondence or business dealings with, or participation in promotions of third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that TEN Media shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
The Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because TEN Media and any subsidiaries or affiliated companies of TEN Media have no control over such sites and resources, you acknowledge and agree that TEN Media and any subsidiaries or affiliated companies of TEN Media are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TEN Media and any subsidiaries or affiliated companies of TEN Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand and agree that TEN Media and any subsidiaries or affiliated companies of TEN Media are not responsible for the terms and conditions of any of the affiliated websites or partner offers on our website and that we are not responsible for any ensuing charges or contracts incurred between you and an offer provider. TEN Media and any subsidiaries or affiliated companies of TEN Media do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. You agree to carefully read the requirements, terms and conditions, privacy policy and billing information for each offer. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
• YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE FACILITIES, SERVICES AND OTHER CONTENT IN THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, TEN MEDIA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• TEN MEDIA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• TEN MEDIA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MATERIAL, INFROMATION, SOFTWARE, FACILITIES, SERVCIES OR OTHER CONTENT IN THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TEN MEDIA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEN MEDIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
• A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE - DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. LIMITATION OF LIABILITY.
TEN MEDIA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA DISCLAIM ALL LIABILITY AND INJURY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEN MEDIA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEN MEDIA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, SITE OR ANY OTHER WEBSITE, MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER SITE, REGARDLESS OF THE BASIS UPON WHICH LIAIBILITY IS CLAIMED; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE SITE SERVICE CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE SITE OR SERVICE ON SUCH EQUIPMENT, OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF TEN MEDIA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLIACABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICALBE LAW.
Security.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, TEN Media and any subsidiaries or affiliated companies of TEN Media reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Investigations.
TEN Media and any subsidiaries or affiliated companies of TEN Media reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any forum. TEN Media and any subsidiaries or affiliated companies of TEN Media may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. TEN Media and any subsidiaries or affiliated companies of TEN Media may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If TEN Media and any subsidiaries or affiliated companies of TEN Media believe, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. TEN Media and any subsidiaries or affiliated companies of TEN Media will fully cooperate with any law enforcement authorities or court order requesting or directing TEN Media and any subsidiaries or affiliated companies of TEN Media to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TEN MEDIA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TEN MEDIA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY TEN MEDIA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF TEN MEDIA OR LAW ENFORCEMENT AUTHORITIES.
Our Use of Content.
TEN Media and any subsidiaries or affiliated companies of TEN Media will consider anything you provide to TEN Media and any subsidiaries or affiliated companies of TEN Media and/or contribute to this Site as available for our use free of any obligations to you.
Subject to the provisions of any additional terms, by posting or uploading any content to this Site and/or providing any communication or material to TEN Media and any subsidiaries or affiliated companies of TEN Media ("User Content"), you automatically and irrevocably: (a) grant and assign to TEN Media and any subsidiaries or affiliated companies of TEN Media a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by TEN Media and any subsidiaries or affiliated companies of TEN Media and/or by any person authorized by TEN Media and any subsidiaries or affiliated companies of TEN Media, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; and (d) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that TEN Media and any subsidiaries or affiliated companies of TEN Media shall not be liable for any use or disclosure of such User Content.
Local Regulations.
TEN Media and any subsidiaries or affiliated companies of TEN Media make no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Trademark Information
The trademarks and service marks of TEN Media℠, My Fresh Egg® and logos, product and service names are the sole and exclusive properties of TEN Media, LLC. No permission is granted to use the trademarks and service marks of TEN Media LLC without their express written consent.
Entire Agreement.
The Terms of Use constitute the entire agreement between you and TEN Media and govern your use of the Service, superseding any prior agreements between you and TEN Media. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TEN Media services, affiliate services, third-party content or third-party products or service.
Choice of Law and Forum.
The relationship between you and TEN Media and any subsidiaries or affiliated companies of TEN Media shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and TEN Media and any subsidiaries or affiliated companies of TEN Media agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, California.
Dispute.
Any dispute of any kind between you and TEN Media and any subsidiaries or affiliated companies of TEN Media arising under these Terms of Use shall be resolved by binding arbitration in Los Angeles, California, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the entertainment industry and shall follow California law in adjudicating the dispute.
Waiver and Severability of Terms.
The failure of TEN Media to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions remain in full force and effect.
Termination.
In accordance herewith, either you or TEN Media may terminate the Terms of Use with or without cause at any time and effective immediately. You may terminate the Terms of Use by discontinuing use of the Site and Service and destroying all Materials obtained therefrom. Your use of the Site and Service will terminate immediately without notice from TEN Media if you, in TEN Media’s sole discretion, fail to comply with any provision of these Terms of Use. Upon termination by you or upon notice of termination by TEN Media, you must immediately cease all use of the Site and Service and destroy all Materials obtained from the Site and Service and any copies thereof.
Contractual 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 Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles are for convenience only and have no legal or contractual effect.
Effective September 16, 2011.