Last Revised: January 30, 2023
PLEASE READ THESE TERMS CAREFULLY. ACCESSING OR USING THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, AS SUCH MAY BE REVISED BY MUTANT CATS FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“YOU”, “YOUR”, OR “USER”) AND MUTANT CATS GOVERNING THE USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITE. THE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. THE TERMS INCLUDE WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. We may periodically change these Terms, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. Mutant Cats reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Site.
In no event may the Site be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Mutant Cats, (d) includes spam or any unsolicited advertising; (e) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Mutant Cats or the content contained on the Site; (f) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (g) attempts to gain unauthorized access to Mutant Cats’ computer network or user accounts; (h) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (i) violates these Terms; (j) attempts to damage, disable, overburden, or impair Mutant Cats’ servers or networks; (k) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (l) fails to comply with applicable third party terms. We reserve the right, in our sole discretion, to terminate your or any user’s participation in or use of the Site, remove content, or assert legal action with respect to content or use of the Site, that we reasonably believe is or might be in violation of these Terms. Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The Site is not directed toward, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITE. If you are between the ages of 13 and 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties (whether registered or unregistered) owned by Mutant Cats or by other parties that have licensed their material to us or where such use is fair use. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without our express written consent. All rights not expressly granted are reserved.
You acknowledge that you are responsible for any material you may submit to us, including via the Site or through other social media platforms. Such material must be reliable, appropriate, original (or with appropriate rights), legally permissible, and may not infringe on the rights of any third party. You may not upload commercial content onto the Site.
Separate and apart from the User content you provide or utilize the Site for, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, or other information about Mutant Cats, our Sites and/or our products (collectively, "Ideas") either through the Site, social media, or otherwise. The Ideas you submit are voluntary, non-confidential, gratuitous, and non-committal. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes. You must also inform us if you have a pending or registered patent relative to the Idea.
You represent and warrant that your Idea is not subject to any confidentiality obligations or third-party intellectual property encumbrances and that you own and control all of the rights to the Idea and have the authority to grant the rights to Mutant Cats that you grant herein.
By submitting your Idea, you grant Mutant Cats and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Idea, you hereby release Mutant Cats and its agents and employees from any claims that such use violates any of your rights.
Mutant Cats shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Idea or a similar idea of its own.
The Site may provide links or embedded content to websites operated by third parties. We do not control, endorse, or adopt any information, product, service, promotion, offering, or other content or materials included in such linked websites, including that the inclusion of any link or embedded content does not imply affiliation, endorsement, or adoption by Mutant Cats of any website, or any information contained therein, and we can make no guarantee as to its accuracy or completeness. You acknowledge and agree that in no event may Mutant Cats be held responsible or liable for the actions, product, and content of any such websites. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. Before you use any linked website or embedded content, you should review such website’s applicable conditions of use and policies. If you decide to access such third-party sites, you do so at your own risk.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. If Mutant Cats receives a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.Notices should be sent to: Mutant Cats, Ltd.
You agree to defend, indemnify, and hold harmless Mutant Cats, its parent company, and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors (“Mutant Cats Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims”) that arise from or relate to your use or misuse of the Site, violation of these Terms, violation of any rights of a third party, or your conduct in connection with the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION AND TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, MUTANT CATS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITE IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, OR YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
Information on this Site may include technical inaccuracies and typographical errors. The Site may contain links or information which includes press releases or forward-looking statements as defined by the U.S. Private Securities Litigation Reform Act of 1995. The information contained within any press releases issued by Mutant Cats should not be deemed accurate or current except as of the date the release was posted. Any forward-looking statements on or available through this Site are based on Mutant Cats’ expectations as of the date such forward-looking statements are made and are neither predictions nor guarantees of future events or circumstances. Mutant Cats assumes no obligation to update any of these forward-looking statements and assumes no liability for any inaccuracies or incorrect predictions in the forward-looking statements. To the extent any information from this Site is forward-looking, it is intended to fit within the safe harbor for forward-looking statements. Any use of information on this Site is at your own risk. Nothing in these Terms will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
MUTANT CATS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. MUTANT CATS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF MUTANT CATS IS NEGLIGENT OR IF MUTANT CATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL MUTANT CATS BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. MUTANT CATS 'S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE. THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
Please read this section carefully as it affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to us via certified mail sent to Miller Haga Law Group, LLP, 23901 Calabasas Road, Suite 2001, Calabasas, CA 91302, Attention: Managing Partner, with a copy to email@example.com (required) to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. You agree that any and all disputes arising out of the use of this Site or these Terms conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. Such arbitration to be held in Los Angeles County, California before one (1) arbitrator. Any judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Please read this section carefully as it affects rights that you may otherwise have. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
Except with respect to principles of conflicts of laws, any dispute arising from these Terms or from any other use of this Site shall be resolved in accordance with the laws of the State of California. The exclusive venue for any claim, action, lawsuit, or other proceeding arising out of or relating to these Terms shall be Los Angeles County in the State of California. Except as otherwise stated in Section 13 (ARBITRATION), the prevailing party as determined by the trier of fact in any such action, proceeding, litigation, arbitration, or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney's fees and costs.
Our failure at any time to require performance of any provision of these or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Any provision of these Terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid, or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision(s).