1. User Eligibility
Use of the Site is void where prohibited. Your use of the Site constitutes your representation that (1) all information you submitted in your registration is truthful and accurate; (2) that you will update your registration information when changes occur; (3) that you are at least 13 years of age; (4) that, if you are under the age of 18, you have the authorization of your parent or legal guardian; and (5) that your use of the Site does not violate any state, federal, or other law which applies in your jurisdiction.
2. Abuse and Misuse
You are responsible for any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links ("Content") which you post to the Site. Please use common sense when posting Content to the Site. Postings which may violate any state, federal, or other law which applies in your jurisdiction, whether civil or criminal, are strictly prohibited. Refrain from posting any Content which contains profanity or nudity. Chext™ reserves the right to reject, refuse to post, or delete any Content for any reason, including, but not limited to, Content which, in the sole judgment of Chext, violates this Agreement or which otherwise may be deemed offensive or rude. Chext does not assume responsibility for monitoring user posted Content.
3. Rights to Content
When you post Content, you grant Chext a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, trademark, publicity, and database rights you have in the Content, in any media known now or in the future. Any and all Content posted by Chext is protected by copyright laws and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any commercial or for profit manner without the prior written consent of Chext.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser's or sponsor's materials.
5. Authors and Bloggers
You agree that Chext shall not be in anyway legally responsible for your reliance on any Content posted on the Site.
7. Liability Limitation
The liability, if any, of Chext and its agents, servants, representatives, members, officers, and employees with regard to your use of the Site for any claims, costs, damages, losses, and expenses for which they are or may be legally liable, shall not exceed $9.99. In no event shall Chext and its agents, servants, representatives, members, officers, and employees be liable for indirect, special, or consequential damages.
You agree to indemnify, defend and hold Chext and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates, harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
9. No Waiver
Chext’s failure to enforce any provision of this Agreement does not waive future enforcement.
10. Disclaimer of Warranty
DISCLAIMER OF WARRANTY
You expressly agree that use of this Site is at your sole risk. Neither Chext, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Content.
The Content may contain errors, omissions, inaccuracies, or outdated information. Further, Chext does not warrant reliability of any Content displayed or distributed through the site.
THIS SITE AND THE CONTENT ON THIS SITE, AS WELL AS ALL INFORMATION SENT BY Chext TO YOUR MOBILE DEVICE, ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. Chext MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Chext EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
The Agreement shall be governed and controlled by the laws of the State of Michigan as to interpretation, enforcement, validity, construction, and effect and in all other respects. a court of competent jurisdiction-sitting
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or un-enforceability shall not affect any other provisions of these Terms, but these Terms shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
These Terms of Service are the entire and exclusive agreement between Chext and you regarding Chext, its Content, and its Site, and these Terms of Service supersede and replace any prior agreements between Chext and you regarding Chext, its Content, and its Site.