Terms & Conditions – 40 Day Media

40 Day Media’s main goal is to serve in promoting spiritual growth and positive change in people. We also strive to ensure that you receive the best possible service. These Terms and Conditions apply to the 40 Day Media website located at www.40daymedia.com (the Site). As used in these Terms & Conditions, “40 Day Media”, “us” or “we” refers to 40 Day Media, LLC and its subsidiaries and affiliates.

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms and Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.

CUSTOMER SUPPORT

Online Support – Your satisfaction means everything to us. If you have any issues with your order, please let us know by emailing support@40daymedia.com. Please be sure to include your Order Number in your correspondence. We do our best to respond in an expeditious manner.
Video Production Support – We maintain an active line of communication with all of our clients. If so inclined, a client can simply send us an email, give us a call or make an appointment to visit our Studio (appointments are available during normal business hours only).

USE OF THE SITE AND SERVICE GENERALLY

(a) 40 Day Media owns all intellectual property and other rights, title and interest in and to its site and service (except for user-provided content). Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. 40 Day Media grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to 40 Day Media’s terms, rules, and guidelines found on this site and 40 Day Media may revoke this right in full or in part, effective immediately and without notice, for any reason or no reason, but especially if 40 Day Media believes that you (or any others whom 40 Day Media believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with 40 Day Media, its affiliates, contractual partners, or users; or if 40 Day Media believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for 40 Day Media, its affiliates, contractual partners, or users.

(b) You may not:

– interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
– modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service;
– use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;
– impersonate another person or entity;
– use any meta tags, search terms, keywords, or similar tags that contain 40 Day Media’s name or trademarks;
– engage in any activity that interferes with another user’s ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user;
– assist or encourage any third party in engaging in any activity prohibited by this agreement; or
– use the site and service to promote hate speech, obscenity, or any content that violates 40 Day Media’s Ethical Guidelines, which 40 Day Media may change from time to time in 40 Day Media’s sole discretion.

(c) Permission is granted to download the materials contained on this Site to a single personal computer and to print a single hard copy of such materials solely for personal, non-commercial use. Any other use of materials on this Site, including reproduction, modification, distribution or republication, without the prior written permission of 40 Day Media, is strictly prohibited.

LIMITATION OF LIABILITY

Under no circumstances shall 40 Day Media or its employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if 40 Day Media has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the Site, any content on the site, or these Terms & Conditions, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein. The foregoing paragraph shall not apply to residents of New Jersey. With respect to residents of New Jersey, 40 Day Media or its employees, directors, officers, or agents shall not be liable for any losses or damages arising out of or in connection with your use of or inability to use the site, or any materials therein unless such damages or injuries are the result of target’s negligent, fraudulent or reckless acts or intentional misconduct.

Each provision of these Terms & Conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and 40 Day Media. This allocation is an essential element of the basis of the bargain between you and target. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s).

INDEMNIFICATION & DEFENSE

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless 40 Day Media and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.

REGISTRATION

You will need to register in order to place an order for products through the Shop.

You agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation 40 Day Media has will immediately become null and void.

We will process your registration information in accordance with our Privacy Policy. To learn more about what information we collect, the measures we put in place to protect this information and how we use it we advise you to read the Privacy Policy.

CONDITIONS OF REGISTRATION

If you are under 18, you must ask your parent or a guardian before you:
– email the Site, or ask us to email anything to you;
– enter any competition;
– attempt to buy anything from the Store.

By continuing to use this Site and any of the services offered, you are confirming that you have received the consent of your parent or a guardian. We recommend that all minors discuss these Terms and Conditions with their parents or guardians before completing the registration process.

HEALTHCARE INFORMATION

THE INFORMATION CONTAINED IN THE HEALTH CARE PAGES OF THE SITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU. THE INFORMATION CONTAINED ON THE SITE CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL AND SUPPLEMENT INDUSTRY, YOU NEED TO DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.

40 DAY MEDIA DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

PRODUCT SALES

(a) By placing an order for service or while using 40 Day Media’s site, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for service from 40 Day Media and/or its affiliates. 40 Day Media sends an order confirmation via e-mail to the customer once we acknowledge that payment for the order was received. 40 Day Media cannot guarantee the continued availability of any products or designs found on its site.

(b) 40 Day Media reserves the right to reject orders for any reason or no reason. If 40 Day Media rejects an order, it will notify the customer.

(c) 40 Day Media’s performance of an order is completed when the shipment provider completes delivery to the customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and 40 Day Media cannot replace the order in a reasonable amount of time, 40 Day Media will notify the customer immediately.

(d) If there is a product defect or if you are dissatisfied with your order for any reason, 40 Day Media’s Return Policy will apply, which 40 Day Media may change at any time in its sole discretion.

DISCLAIMERS OF WARRANTIES

40 Day Media cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY 40 DAY MEDIA ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. 40 DAY MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM 40 DAY MEDIA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, 40 DAY MEDIA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.

PRICING AND PRODUCT INFORMATION

In our attempt to provide you with the best quality of goods and services, 40 Day Media has partnered with a variety of suppliers and vendors. The relationships formed in these partnerships allow us to offer you the best possible price for each item. We will ensure that we utilize the best bargaining practices, that we may continue to offer you the most product for your hard-earned money.

(a) All prices found on 40 Day Media’s site are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.

(b) For customers ordering from outside the United States, all product prices are net of local taxes and fees. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, then the customer has the sole responsibility to pay these taxes and fees. All orders from outside the United States that are above $100.00 require authorization. Please contact admin@40daymedia.com for more information regarding internationals sales.

(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.

RETURN POLICY

If you receive your order and you find a defect with your purchase, please give us a call at 301-392-7357 or email us at support@40daymedia.com and we will be more than happy to address all of your concerns.

* All returns must be in new, unwashed, resalable condition.

* Non-defective items returned due to wrong size are subject to a 15% reshipping, handling and restocking fee.

* Shipping fees are non-refundable.

* Information, drawings, figures, technical data, specifications of weight, measurements and services contained on this Site are purely informational. 40 Day Media cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the order received please call us at 301-392-7357 or send us an email at support@40daymedia.com.

DELIVERY AND SHIPMENT

(a) 40 Day Media warrants that it will ship orders within two weeks after orders are placed. Normally, goods are shipped within a few days and typical delivery times are 3-5 days, but in certain circumstances shipment and delivery can take up to two weeks. Express shipping is available upon customer request.

(b) 40 Day Media will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations. Shipping costs are displayed at checkout.

(c) We reserve the right to make accommodations for delivery, as needed, to compensate for shipment times and product availability from vendors and suppliers.

MERCHANDISE IMAGERY

40 Day Media will ensure that we do our best to ensure the accuracy of each item and only display it in the truest quality and color possible. Please keep in mind that different monitors show colors in different way, therefore, colors may vary depending on your viewing device.

PAYMENT

(a) Customers may choose to pay by direct debit, credit card, wire transfer, PayPal or other payment methods. 40 Day Media reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.

(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for 40 Day Media to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of 40 Day Media’s own, the customer agrees that 40 Day Media may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.

(d) If the customer fails to pay, 40 Day Media may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.

TITLE TO PRODUCTS

Until 40 Day Media receives full payment for an order and the order is shipped, title to the goods remains with 40 Day Media. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).

COPYRIGHTS AND TRADEMARKS

All content, graphics, photographs and videos on this Site are protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by 40 Day Media, LLC and are protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized use of the content is a violation of law and these terms of use. No rights in any trademark, service mark or trade name are granted to you in connection with your use of this Site. You can email us with specific questions about copyrights at admin@40daymedia.com.

The graphics, photographs and videos on this Site are owned by 40 Day Media, or supplied and used under license from its affiliates.

DMCA NOTICE—NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

40 Day Media’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide 40 Day Media with the written information specified below. Please note that this procedure is exclusively for notifying 40 Day Media that your copyrighted material has been infringed. 40 Day Media does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, 40 Day Media will respond by either taking down the allegedly infringing content or blocking access to it. 40 Day Media may contact the notice provider to request additional information. Under the DMCA, 40 Day Media is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send 40 Day Media a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by regular mail or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

• Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);

• Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;

• Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);

• If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);

• Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;

• Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;

• Be signed; and

• Be emailed or sent to the following address:
40 Day Media, LLC
9134 Piscataway Rd #1202
Clinton, MD 20735

RULES FOR PROMOTIONS

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

LINKS TO THIRD-PARTIES’ WEBSITES

The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. We also provide links and access to third-party web sites or services that contain information that is provided as a service to those interested in the information. 40 Day Media neither regularly monitors nor assumes responsibility for the content of third parties’ statements or web sites and is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, 40 Day Media strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by 40 Day Media of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. 40 Day media makes no representations or warranties whatsoever regarding their accuracy or completeness of third-party websites and as such, YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK

DISCLAIMERS

(a) Due to normal changes in our industry and in our technical production processes, 40 Day Media may reasonably deviate from the descriptions and information found in its shop and other promotional items with respect to material, color, weight, measurements, design, or other features.

(b) 40 Day Media may use subcontractors or third parties to provide certain elements of its site and service. You agree that 40 Day Media will not be liable to you in any way for your use of these services.

FILTERING

Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online, http://onguardonline.gov. (Please note that we do not endorse any of the products or services listed at such website.)

DISPUTES

YOU AND 40 DAY MEDIA AGREE THAT IN THE EVENT OF ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE SITE, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS & CONDITIONS, SUCH CLAIM, DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT AND USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS, BUT ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. NOTWITHSTANDING THE FOREGOING: (I) IN LIEU OF ARBITRATION, EITHER YOU OR 40 DAY MEDIA CAN BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IN THE UNITED STATES OF AMERICA CONSISTENT WITH ANY APPLICABLE JURISDICTIONAL AND MONETARY LIMITS THAT MAY APPLY, PROVIDED THAT IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM; AND (II) YOU AGREE THAT YOU OR 40 DAY MEDIA MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If you intend to seek arbitration you must first send written notice (“Notice”), by first class or certified mail, to 40 Day Media, LLC Attn: Arbitration Services, 9134 Piscataway Rd, #1202, Clinton, MD 20735. If 40 Day Media intends to seek arbitration, we will send Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the American Arbitration Association (AAA) site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to 40 Day Media, LLC, Attn: Arbitration Services, 9134 Piscataway Rd, #1202, Clinton, MD 20735, and 40 Day Media will send such copy to the current billing address on your account.

The arbitration will be conducted under the then current rules of the AAA. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE FEDERAL ARBITRATION ACT (FAA), THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF MARYLAND. UNLESS YOU AND 40 DAY MEDIA AGREE OTHERWISE, IN THE EVENT THAT IT IS DETERMINED OR THESE TERMS & CONDITIONS PROVIDE THAT A CLAIM SHOULD NOT PROCEED THROUGH ARBITRATION, YOU AGREE THAT ANY CLAIM OR DISPUTE (WITH THE EXCEPTION OF A CLAIM OR DISPUTE APPROPRIATELY LODGED IN ANY SMALL CLAIMS COURT IN THE UNITED STATES OF AMERICA) SHALL BE RESOLVED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND FOR ANY SUCH CLAIM, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF MARYLAND LOCATED IN PRINCE GEORGES COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. YOU AND 40 DAY MEDIA BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:
(1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND, (2) EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

JURISDICTIONAL ISSUES

The Site is controlled and operated by 40 Day Media from the United States, and is not intended to subject 40 Day Media to the laws or jurisdiction of any state, country or territory other than that of the United States. 40 Day Media does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

MISCELLANEOUS

These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and 40 Day Media, LLC with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

If you have any concerns about 40 Day Media or your use of the Site, please contact us with a detailed description, and we will try to resolve it.

Updated: 8/29/2017