Terms of Use
Effective Date: November 3, 2023
42 may, in its sole and absolute discretion, change these Terms of Use occasionally. 42 will post a copy of these Terms of Use as changed on the Site. Your continued use of the Site constitutes your agreement to abide by these Terms of Use as modified. If you object to such changes, your sole recourse shall be to cease using the Site.
The content on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (collectively, "42 Content"), and the 42-word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site that constitute trademarks (collectively, "Marks"), are owned by or licensed to 42 and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws.
You agree that 42 may use any information 42 obtains about you under the provisions of the 42 Privacy Policy.
The Site may contain links to third-party websites or internet resources not owned or controlled by 42. 42's provision of a link to any other website or internet resource is for your convenience only and does not signify 42's endorsement of such other website or resource or its contents. 42 shall not be responsible for the availability of any third-party websites or resources, and 42 does not warrant, endorse, guarantee, or assume responsibility for any content, information, software, materials, or practices of any such third-party websites or resources, including, without limitation, any products or services advertised or offered by a third party through the services or any linked websites or featured in any advertising.
You expressly agree that the site use is at your sole risk. the Site is provided on an "as is" and "as available" basis. to the fullest extent permitted under applicable law, 42 expressly disclaims all warranties of any kind, whether express or implied (including, without limitation, implied warranties of merchantability, fitness for a particular use or purpose, accuracy and non-infringement), with respect to the site. without limiting the preceding and to the maximum extent permitted by law, 42 assumes no liability or responsibility for any:
In no event will 42 be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if it was advised of, knew of, or should have known of the possibility of such damages).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent 42 may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of 42's liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless 42 and its affiliates and any of their officers, employees, directors, shareholders, agents, partners, licensors, successors and assigns (the "42 Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information you provide to 42; (b) your use of the Site; or (c) your violation of these Terms of Use. 42 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with 42 in asserting any available defenses.
Without limiting the foregoing, under no circumstances will 42 be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
42 may terminate or suspend access to the Site immediately, without prior notice or liability, if you breach any provision of these Terms of Use. In the event of any such termination, the indemnification provisions set forth above shall survive.
You and 42 agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and 42 now waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and 42 relating to the Site or these Terms of Use (each a "Claim") shall be submitted for binding arbitration per the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator in Alameda County, California. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
You may not act as a class representative or private attorney general nor participate as a member of a class of claimants for any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or 42's Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in aaa rules, and the right to certain remedies and forms of relief. other rights you or 42 would have in court also may not be available in arbitration.
These terms of use shall be governed by and construed per the laws of the state of california without giving effect to any conflict of laws, rules, or provisions. if any provision of these terms of use shall be unlawful, void, or unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. the failure of 42 to enforce any right or provision of these terms of use will not be deemed a waiver of such right or provision. These terms of use, the 42 privacy policy and any other policies, rules, or guidelines posted in connection with the site constitute the entire and exclusive agreement between 42 and you regarding the site.
If you have any questions about this Terms of Use, please call us at 510.548.7948.