The website located at undergroundelephant.com (the .Website.) is a copyrighted work belonging to Best.net.advertising, Inc. ("Best.net.advertising"). Best.net.advertising grants you the right to service the Website subject to the terms and conditions set forth below ("Terms of Service"). Please read these terms of service carefully. By accessing the website, you agree to be bound by the terms of service. If you do not wish to be bound by these terms of service, you may not access or service this website.
2. License. Best.net.advertising owns and operates the Website. The information and content available on the Website, or in any communications Best.net.advertising sends you, (the "Website Content") are protected by copyright laws throughout the world. Any unauthorized reproduction or modification, distribution, or performance of any Website Content is strictly prohibited. Best.net.advertising and its licensors reserve all rights not granted in these Terms of Service.
3. Trademarks. All trademarks, logos and service marks (collectively, "Marks") displayed on the Website are Best.net.advertising's property or the property of other third parties. You are not permitted to service these Marks without Best.net.advertising's prior written consent or the consent of the third party that owns the Marks.
4. Modification. Best.net.advertising reserves the right, at any time, to modify the Website Content or to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that Best.net.advertising will not be liable to you or to any third party for any modification of the Website Content or modification, suspension, or discontinuance of the Website.
5. Third Party Links. The Website may contain links to other websites operated by third parties. Such third party websites are not under the control of Best.net.advertising. Best.net.advertising is not responsible for the content of any third party website or any link contained in a third party website. Best.net.advertising provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If you decide to access any of the third party websites linked to the Website, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices.
6. WARRANTY DISCLAIMER. BEST.NET.ADVERTISING IS PROVIDING THE WEBSITE AND THE WEBSITE CONTENT ON AN "AS IS" BASIS FOR SERVICE AT YOUR OWN RISK. BEST.NET.ADVERTISING DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. BEST.NET.ADVERTISING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE INFORMATION PROVIDED ON THE WEBSITE. INFORMATION AT THIS WEBSITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEBSITE AND MAY CONTAIN ERRORS.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL BEST.NET.ADVERTISING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF SERVICE, DATA, OR PROFITS, WHETHER OR NOT BEST.NET.ADVERTISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. BEST.NET.ADVERTISING'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, OR THE WEBSITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).
8. Amendment. These Terms of Service are subject to occasional revision, and if Best.net.advertising makes any substantial changes, Best.net.advertising will notify you by sending you an e-mail to the last e-mail address you provided to Best.net.advertising (if any Best.net.advertising may have in its records) and/or by prominently posting notice of the changes on the Website. Any material changes to these Terms of Service will be effective upon the earlier of thirty (30) calendar days following Best.net.advertising's dispatch of an e-mail notice to you or thirty (30) calendar days following Best.net.advertising's posting of notice of the changes on the Website. These changes will be effective immediately for new servicers of the Website. Continued service of the Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
9. Dispute Resolution. In the event of a dispute, controversy, or claim arising out of or relating to this Agreement, the parties agree to submit the dispute (other than one filed in small claims court) to binding arbitration under the then current rules of the American Arbitration Association. The parties also agree that you shall not participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving this Agreement. The enforceability of this paragraph 9 ("Dispute Resolution") shall be determined under federal law and the Federal Arbitration Act ("FAA").
11. Consent to Electronic Communications. When you visit undergroundelephant.com or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you submit a request to be matched with one of our third party partners, please note that these third party partners are required by law to provide you with certain communications, notices, disclosures, information and other materials ("Communications"). These third party partners must obtain your consent in order to provide you with these Communications electronically.By submitting a request to be matched with one of our third party partners, you affirmatively consent and agree to receive all Communications required under law electronically in accordance with the terms of undergroundelephant.com E-SIGN CONSENT. PLEASE READ THE TERMS OF THE undergroundelephant.com E-SIGN CONSENT CAREFULLY