10. Release and Limitation of Liability
To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall Rocket Broth, its affiliates, or suppliers (including any of its or their partners, officers, employees, agents, contractors, successors, or assignees) be liable to you (including any of your partners, officers, employees, agents, contractors, successors, or assignees) for any direct, indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), nor for any damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connectiON with (a) the Website; or (b) any products and services offered through the Website, or any portion thereof, even if Rocket Broth or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
if, Despite the foregoing limitation of liability for damages, a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall be no greater than one hundred U.S. dollars ($100).
You agree to indemnify, defend, and hold harmless Rocket Broth, its parents, subsidiaries, and affiliates, and its and their respective directors, officers, partners, employees, agents, contractors, successors, and assigns from and against all claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses (including, but not limited to, reasonable fees and disbursements of counsel and court costs), judgments, settlements, and penalties of every kind arising from or relating to any violation of this agreement by you and any activity related to your use of the Website.
You agree that Rocket Broth may, in its sole discretion and without prior notice, terminate your access to or use of any of our Website at any time and for any reason, with or without cause. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to Rocket Broth for which monetary damages would be inadequate. You consent to Rocket Broth’s obtaining any injunctive or equitable relief that Rocket Broth deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies Rocket Broth may have at law or in equity.
13. Intellectual Property Infringement
We may remove material from the Website that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on this Website without authorization, you may notify our copyright agent, and provide the following information:
- a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work or works claimed to have been infringed;
- a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;
- your name, mailing address, telephone number, and e-mail address;
- a statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
- a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify Rocket Broth of claimed copyright infringement, please contact: firstname.lastname@example.org
14. Use By Minors
Usage of the Website by children under the age of thirteen (13) is not intended and a violation of the Agreement. If we believe that you are a minor, we may, at any time, in our sole discretion, and with or without notice: (i) terminate your access to or use of the Website (or any portion, aspect, or feature of them), or (ii) delete any content or information that you have posted through to Website.
At any time and at Rocket Broth’s sole discretion, we may add, delete, or modify the Agreement or the Website. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing, and/or using the Website. All changes to the Agreement shall be effective immediately.
15.2 Access and Use Where Prohibited
Access to and use of the Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including this Section.
15.3 International Use
Rocket Broth makes no representation that the Website or any aspect thereof will be available or appropriate for use in locations outside of the United States. Those who choose to access the Website from locations outside the United States do so at their own risk and are responsible for compliance with local laws and regulations. Users are responsible for compliance with all United States export laws and regulations when exporting any products, services, content, or materials provided through the Website.
15.4 Applicable Law and Venue
Any action related to the Agreement will be governed by the laws of the State of New York, without regard to the choice or conflicts of law provisions of any jurisdiction. You and Rocket Broth agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to the Website or the Agreement will be exclusively in the federal or local courts located in New York, NY.
15.5 Dispute Resolution
Rocket Broth intends to resolve any and all disputes that may arise between it and its users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to Rocket Broth in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. Rocket Broth shall respond within a reasonably period of time with identical information from its perspective. You and a representative of Rocket Broth shall meet or communicate electronically promptly after the delivery of the response, and as often as you and Rocket Broth mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If within a reasonable period of time after the first communication you and Rocket Broth fail to resolve the matter, either party may pursue a different means of dispute resolution.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If Rocket Broth does take any legal action against you as a result of your violation of the Agreement, Rocket Broth will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Rocket Broth. You agree that Rocket Broth will not be liable to you or to any third party for termination of your access to, or use of, the Website as a result of any violation of the Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Rocket Broth. Any purported assignment lacking such consent will be void at its inception. Rocket Broth may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the Website.