Last updated April 13, 2022
Acceptance of Terms
Subvrsive, Inc. (“Subvrsive”) creates content, software and experiences, provides the website at https://subvrsive.com/ (the “Site”), and other related software, content, and services, including all versions and upgrades thereto (collectively, the “Services). Your use of the Services is subject to and governed by the terms and conditions in this Terms of Service (“TOS”). Subvrsive may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by Subvrsive.
PLEASE REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT, SHARING YOUR INFORMATION, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this TOS; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction.
THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
Copyright and Trademark Notice; Proprietary Materials
Unless otherwise noted, all materials displayed on the Site, including without limitation, all text, software, images, photographs, graphics, illustrations, video, sound, music, names, technical design, interfaces, interactive elements, digital assets, logos and trademarks (“Proprietary Materials”) are the property of Subvrsive, its parent, subsidiaries, affiliated companies, clients, or third party licensors, and are protected by copyright, trademark, and other laws of the United States. Any use of the Site or the Proprietary Materials, except as expressly set forth in these TOS, including reproduction, modification, reverse engineering, distribution, retransmission, dissemination, broadcasting, reposting and reprinting, without the prior written permission of Subvrsive and/or the relevant third party, is strictly prohibited.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE AND ITS CONTENTS, INCLUDING WITHOUT LIMITATION TEXT, INFORMATION, GRAPHICS, AND LINKS ARE PROVIDED BY SUBVRSIVE ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBVRSIVE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITING THE FOREGOING, SUBVRSIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SECURITY OF ANY DATA OR INFORMATION TRANSMITTED TO AND FROM THE SITE OR ACCURACY OF ANY INFORMATION CONTAINED ON THE SITE. ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION.
Governing Law; Jurisdiction and Venue
These TOS and their interpretation shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws rules. By using or accessing the Services, you hereby irrevocably submit and consent to the exclusive jurisdiction and venue of the state courts in and for Travis County, Texas and the Federal Courts in and for the Western District of Texas, and waive all rights to trial by jury in any action or proceeding instituted in connection with the Terms.
Limitation of Liability
SUBVRSIVE, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, OR EMPLOYEES (COLLECTIVELY, THE “SUBVRSIVE PARTIES”) WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF SUBVRSIVE PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The Services may contain links to other websites. Subvrsive does not have any control over linked websites, and your use of such linked websites is at your own risk. In addition, the existence of a link between the Services and another website does not constitute an endorsement by Subvrsive (or its parent subsidiaries, affiliates, or any client) of the owner or any products or services presented by the owner. Please exercise caution and review the privacy statements applicable to each linked website you may find.
California Users & Residents
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Where can I get further information?
If you have any questions about our legal policies, please email us at email@example.com or by mail to:
440 E St Elmo Rd
Austin, TX 78745
Phone: (+1) 512-596-5534