PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Please choose carefully the information you post on Treemily.com and that you provide to other users. You agree that your Treemily.com profile and other Content shall not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, otherwise objectionable subject matter, or otherwise violate this Agreement, including section 7 below. Despite this prohibition, information provided by other Website Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive, sexually explicit, or otherwise inappropriate material and Treemily assumes no responsibility or liability for this material. If you become aware of misuse of the Treemily Services by any person, please contact Treemily at misconduct@Treemily.com. You should not provide Treemily the email address of anyone under 13 years of age as a part of Treemily’s efforts to protect children.
Treemily reserves the right, in its sole discretion, to reject, block, refuse to post or remove any Content or other posting (including private messages) by you, or to restrict, suspend, or terminate this Agreement or your access to all or any part of the Treemily Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of and Membership in the Treemily Services is void where prohibited. You may use the Treemily Services only if you can form a binding contract with Treemily, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Treemily Services by anyone under 13 is strictly prohibited and in violation of this Agreement. By using the Treemily Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Treemily Services does not violate any applicable law or regulation. Your Content and profile may be deleted and your Membership may be terminated without warning, if Treemily.com believes that you are under 13 years of age. The Treemily Services are not available to any Member previously removed from the Treemily Services by us.
- Term. This Agreement shall remain in full force and effect while you use the Treemily Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Treemily.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
- Treemily Accounts, Password and Email. Your Treemily account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users. If you open a Treemily account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. When you sign up to become a Member, you will also be asked to choose a permanent password and supply your email address. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Treemily.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. By registering and providing your email address, you consent to Treemily.com communicating with you by email, including without limitation, to provide you notice of any security breach in lieu of other written notification. You may opt-out of this email communication by contacting us at misconduct@Treemily.com.
- By providing Treemily your email address you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including changes to Treemily features and special offers. If you do not want to receive such email messages, you may opt out by changing your account settings or by sending mail to the following postal address:Customer Support
800 Bedford Ave, Brooklyn, NY, 11205
- Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
- Non-commercial Use by Members. The Treemily Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by Treemily. Illegal and/or unauthorized use of the Treemily Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Treemily Services.
- Billing and Payments.
- General. Member agrees to pay for all products ordered through the Website using the payment method indicated, and provides Treemily express authorization to charge said fees to the Member’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Treemily products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, Treemily may immediately cease to provide any and all Deliverables to the Member.
- It is the Member’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the Treemily website interface.
- Portions of the website can be used without charge, as indicated on the website. Certain other portions of the website require paid membership. Payments for membership are not refundable unless due to a malfunction of the website prevented use in the entirety for a period of not less than seven (7) days.
- Subscriptions will automatically renew using the Member’s current credit card account number unless Member cancels their subscription on the Website at https://www.Treemily.com three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Member’s email account on record with Treemily. If Member has a question about a cancellation, Member should contact Treemily at subscriptions@Treemily.com. The fees paid for subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current billing period. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Members of any such changes.
- The Member must notify Treemily about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Treemily’s attention within 90 days, Member agrees to waive their right to dispute such problems or discrepancies.
- Sale of Tangible Goods. The Company and its suppliers may offer both stock and custom goods for purchase. Such custom goods are created based, at least in part, on data entered into the Treemily website by you or others as well as photographs and personal family information such as found in a family tree. Custom made products are created based on your input and therefore are not returnable except for a clear manufacturing defect. Treemily is not responsible for errors or omissions of data selected by you to be printed on a purchased product. A difference in color of part or all of the product compared to the color when viewed on the screen is specifically excluded from being called a manufacturing defect.
- You are Responsible for the Content of Custom Made Goods. You agree to verify that all data selected to be used in a product to be ordered, such as uploaded pictures, are not restricted by United States copyright law. Treemily may revise, discontinue or modify products or services at any time without prior notice to members, and products or services may become unavailable without notice. Treemily shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, the Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or the Company may cancel the order.
- We attempt to be as accurate as possible and eliminate errors on the Website, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing, at our option, Treemily reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. To request a refund, send an email to orders@Treemily.com.
- Some orders may be charged, fulfilled and processed by an authorized third-party partner of Treemily, in which case any refunds, charge-backs, returns, or product substitutions will be subject to the discretion and policies of such third-party gift fulfillment provider.
- Any tangible property purchased through the Website will be shipped FOB Shipping Point. Title to such products passes from Company (or, as applicable, from the Company’s authorized third-party gift fulfillment provider) to you upon shipment. With respect to services you purchase through the Website, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
- Taxes. Member will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time. For New York residents (those members using a New York billing and/or shipping address) New York state sales tax will automatically be collected by Treemily.
- Proprietary Rights in Content.
- Treemily does not claim any ownership rights in the text, information, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to the Treemily website, including without limitation, to your profile, to a node or profile of any third party, or to our forum or wiki (collectively, “Content”). After posting your Content to the Treemily website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the Treemily Services, you hereby grant, and you represent and warrant that you have the right to grant, to Treemily a limited license to use, modify, publicly perform, publicly display, reproduce, distribute, and create derivative works of such Content solely on and through the Treemily Services for commercial and non-commercial purposes and Treemily’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Treemily Services (and derivative works thereof) in any media formats and through any media channels (“limited license”). You further agree that deleting or removing uploaded content from the Treemily website does not revoke Treemily’s limited license. You also hereby grant each Member of the Treemily Services a non-exclusive license to access your Content through the Treemily Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Treemily Services, under this Agreement and your privacy settings.
- Except for Content which you have personally uploaded to the Treemily website for which Treemily has not previously received another version thereof from another user, the Treemily Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user Content belonging to other users or Members (“Treemily Content”) and all intellectual property rights related thereto, are the exclusive property of Treemily and its licensors (including other users or Members who post their Content to the Treemily Services). Treemily Content is protected by copyright, trademark, trade secret and other laws, and Treemily owns or licenses and retains all rights in the Treemily Content and the Treemily Services. Treemily hereby grants you a limited, revocable, nonsublicensable, non-transferable license to reproduce and display the Treemily Content (excluding any software code) solely for your personal non-commercial use in connection only with viewing the Website and using the Treemily Services in accordance with this Agreement.
- The Treemily Services contain Content of users, Members, and other Treemily.com licensors. Except for Content posted by you, or as expressly permitted by the privacy settings of a user, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content or Treemily.com Content appearing on or through the Treemily Services.
- Content Posted.
- Treemily may delete any Content that in the sole judgment of Treemily.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or for any other reason. Treemily.com assumes no responsibility for monitoring the Treemily Services for inappropriate Content or conduct. If at any time Treemily chooses, in its sole discretion, to monitor the Treemily Services, Treemily nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member or user posting any such Content.
- You are solely responsible for the Content that you post on or through any of the Treemily Services, and any material or information that you transmit to other Members and for your interactions with other users. Treemily does not endorse and has no control over the Content. Content is not necessarily reviewed by Treemily prior to posting and does not necessarily reflect the opinions or policies of Treemily. Treemily makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Treemily Services or activities that are illegal or prohibited on the Website or in connection with the Treemily Services. Treemily reserves the right to investigate and take appropriate legal action against anyone who, in Treemily’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Treemily Services suspending and/or terminating the Membership of such violators, and/or reporting you to law enforcement authorities. Prohibited Content and/or activities includes, but is not limited to Content and/or activities that, in the sole discretion of Treemily:
- is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members or users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- infringes or misappropriates any third party’s patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property;
- invades or violates any third party’s right to privacy;
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of invalid data, worms, viruses or other harmful files, copyright, trademark, or patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Treemily Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Treemily Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Treemily.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Treemily.com deems appropriate in its sole discretion;
- covering or obscuring the banner advertisements on your personal profile page, or any Treemily.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to follow users or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Treemily Services or the networks or services connected to the Treemily Services;
- attempting to impersonate another Member or person or posting any third party’s (including without limitation any family member’s) information on the Treemily Services without permission;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Treemily Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Treemily Services on behalf of that person, such as placing commercial content on your profile or posting blogs or bulletins with a commercial purpose;
- using the Treemily Services in a manner inconsistent with any and all applicable laws and regulations;
- use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Treemily Services in a manner that sends more request messages to the Treemily Services servers than a human can reasonably produce in the same period by using a conventional on-line web browser;
- collect or harvest any personally identifiable information, including names or email addresses, from the Treemily Services, nor use the Treemily Services for any commercial solicitation purposes without prior written consent from Treemily.com; or
- rent, lease, transfer, sell, resell, or otherwise exploit for any commercial purpose, any portion of or access to the Treemily Services.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Treemily to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Treemily by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Treemily Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Treemily Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please provide this information to:Copyright Notices
Bedford Ave, Brooklyn, NY, 11205
- Member Disputes. You are solely responsible for your interactions with other Treemily.com Members. Treemily reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Privacy. We care about the privacy of our users. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
- Security. Treemily is intended to be a private family network. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Treemily, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, LICENSORS AND AFFILIATES BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR PRINTED ON ORDERED PRODUCTS IN CONNECTION WITH THE Treemily SERVICE, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS, OUR ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITE OR THE Treemily SERVICE.
- Treemily AND ITS LICENSORS AND AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Treemily BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST DATA, LOST INFORMATION, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE OR THE Treemily SERVICES, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
- Treemily ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, SHIPPING DELAY, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS; AND ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. Treemily AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE, ANY MEMBER, OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE, OR OTHERWISE IN CONNECTION WITH THE SERVICE.
- THE WEBSITE AND THE SERVICE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, Treemily EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE Treemily SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE Treemily SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WIRELESS DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. Treemily DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. THE Treemily SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY Treemily. Treemily HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE Treemily FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. Treemily DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. Treemily WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Treemily MAY IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, REMOVE, OR EDIT CONTENT. YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, INFRINGING, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST Treemily FOR SUCH EXPOSURE.
- Limitation on Liability. IN NO EVENT SHALL Treemily BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE Treemily SERVICES, EVEN IF Treemily HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Treemily’S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Treemily FOR THE Treemily SERVICES DURING THE TERM OF MEMBERSHIP. Treemily ASSUMES NO LIABILITY WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Treemily SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Treemily SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE Treemily SERVICES, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT Treemily SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- The Treemily Services are controlled from our facilities in the United States. Treemily makes no representations that the Treemily Services are appropriate or available for use in other locations. Those who access or use the Treemily Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Arbitration. In the unlikely event that Treemily has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Treemily claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of New York, New York under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Treemily from seeking injunctive or other equitable relief from the courts as necessary to protect any of Treemily’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Treemily ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Disputes and Governing Law. You agree that: (i) the Treemily Services shall be deemed solely based in New York; and (ii) the Treemily Services shall be deemed a passive one that does not give rise to personal jurisdiction over Treemily, either specific or general, in jurisdictions other than New York. This Agreement and any dispute regarding the Treemily Services shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New york, City of New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
- Indemnity. You agree to indemnify and hold Treemily, its subsidiaries, agents, licensors, managers, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or access to the Treemily Services, your violation of this Agreement, breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Treemily Services causes Treemily to be liable to any third party.
- Other. This Agreement constitutes the entire agreement between you and Treemily regarding the use of the Treemily Services. The failure of Treemily to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Treemily is a trademark of Treemily.com. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Treemily without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Statute of Limitations. You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of the Treemily Services or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Notification Procedures. Treemily may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Users via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by Treemily in its sole discretion. Treemily reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
800 Bedford Ave,
Brooklyn, NY, 11205