Last updated Feb 20, 2026
TERMS and CONDITIONS AGREEMENT
AdsBlocks.com ("AdsBlocks") operates an informational and marketing website that advertises and refers users to independent third-party security and privacy services (the "Partner Services"). AdsBlocks itself does not operate a platform or membership program and does not provide or bill for any subscription services. These Terms and Conditions ("Terms" or "Agreement") constitute a legally binding agreement between you and the owner/operator of AdsBlocks.com ("Company", "we", "us" or "our"), concerning your access to and use of AdsBlocks.com as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"), including any advertising, informational content, or referral links to Partner Services.
This Site is intended for users who are at least eighteen (18) years of age or older. Persons under 18 are not permitted to use the Site. By accessing or using the Site, you represent that you are at least 18 years old and that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
For more information about how we may be compensated when you sign up with our partners, see the 'Affiliate Compensation and Partner Services' section below.
ABOUT ADSBLOCKS.COM AND OUR ROLE
AdsBlocks is a security-focused advertising and affiliate website. We buy media, place advertisements through third-party ad networks, and publish information about security and privacy offerings. AdsBlocks does not itself provide or operate any content service, membership program, or billing platform.
In some cases, the Site promotes or provides access to membership services that are offered and billed by independent third-party providers, including TotalAV.com ("TotalAV"). When you proceed from AdsBlocks to TotalAV.com or another partner site and complete a sign-up or purchase on that site, your contractual relationship for that membership and any related services is exclusively with the applicable third-party provider (for example, TotalAV). All pricing, access to content, account management, and billing for those memberships are governed solely by that provider's terms, conditions, and policies.
AdsBlocks may act as a marketing or affiliate partner and may receive compensation, commissions, or referral fees when users purchase memberships or access Partner Services through links or offers presented on the Site. Such compensation does not increase the price you pay for the membership or service and does not make AdsBlocks the provider, operator, or billing entity for any Partner Service.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and all content on it (including any text, images, graphics, logos, and other marketing or informational materials) are our proprietary property and service marks, logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to provide registration details (such as email and a password) on the Site in order for us to pass your information to a Partner Service and/or to manage your preferences relating to our marketing. Any actual member account for a Partner Service (for example, TotalAV) is created and managed on that provider's own website, under its terms.
SUBSCRIPTIONS; FREE TRIAL; AUTOMATIC RECURRING BILLING
From time to time the Site may display or describe promotional offers, free trials, or paid membership subscriptions (each, a "Subscription" or "Membership") for Partner Services such as TotalAV.com. Any such Subscription is provided, fulfilled, and billed exclusively by the applicable third-party provider (for example, TotalAV.com), not by AdsBlocks.
The specific price, duration, content, and features of any Subscription, as well as any promotional trial period (for example, a 30-day trial), are determined by the third-party provider and are disclosed on that provider's sign-up and/or checkout pages before you complete your order. The Site may summarize or restate those terms for convenience, but the provider's own website and checkout pages control in the event of any difference.
As of the "Last updated" date above, a typical TotalAV promotional offer may state that a membership begins with a short trial and then converts to an automatically renewing yearly Subscription (currently USD $19 for the first year) unless you cancel in accordance with TotalAV's terms. Any such example is provided for illustrative purposes only and may change at any time at the provider's discretion.
Automatic Recurring Billing by Third-Party Provider. By purchasing or signing up for a Subscription on TotalAV.com or another partner site, providing a payment method, and clicking a button or taking an action labeled "Continue", "Start Trial", "Start Membership", "Complete Purchase" or similar on that partner's sign-up or checkout pages, you authorize the applicable third-party provider (for example, TotalAV) and/or its authorized payment processor, and not AdsBlocks, to charge your credit card or other approved payment mechanism for any initial and recurring Subscription charges according to the billing terms displayed on the partner's website. Your payment method will be automatically charged on the schedule disclosed by that provider until you cancel in accordance with its terms.
CANCELLATION AND REFUNDS
Subscriptions for Partner Services such as TotalAV.com are created, managed, and billed by the applicable third-party provider, not by AdsBlocks. You must follow that provider's cancellation and refund procedures to stop future billing and, where applicable, request a refund.
As of the "Last updated" date above, TotalAV allows members to cancel by contacting their customer service here, or by using any self-service cancellation options made available on its website. The specific cancellation and refund terms applicable to your Subscription will be stated on the TotalAV.com checkout page and/or in its terms and conditions and may change from time to time at TotalAV's discretion.
AdsBlocks is not the merchant of record and does not process subscription payments or issue refunds directly. However, you may contact us using the details in the "Contact Us" section below, and we will use reasonable efforts to help you identify the correct third-party provider and direct your request to it. Any decision to provide a refund, credit, or other adjustment remains solely with the applicable third-party provider.
AFFILIATE COMPENSATION AND PARTNER SERVICES (INCLUDING TOTALAV.COM)
AdsBlocks does not sell or operate the Partner Services. Instead, we promote and provide links to membership services, subscription offers, or other products offered by independent third-party providers, including TotalAV.com. When you click from AdsBlocks to TotalAV.com or another partner site and create an account or purchase a membership there, your contract for that membership is with the applicable third-party provider (for example, TotalAV.com), and not with AdsBlocks.
We may receive compensation, commissions, or referral fees when users purchase memberships or access Partner Services through this Site or through links provided on the Site. Such compensation does not increase the price you pay for the membership or service and does not change the terms or conditions of any membership or purchase between you and the applicable third party.
You remain responsible for reviewing and agreeing to the terms, conditions, and privacy policies of any partner or third-party provider (including TotalAV.com) on whose site you complete checkout or enter your payment information. AdsBlocks is not a party to, and has no responsibility for, those separate agreements.
YOUR ACKNOWLEDGMENT
By clicking from the Site to TotalAV.com or another partner site, submitting your payment information there, or clicking a button labeled "Continue", "Start Trial", "Start Membership", "Complete Purchase" or similar on a third-party sign-up or checkout page, you acknowledge and agree that:
(1) you are entering into a separate agreement directly with the applicable third-party provider (for example, TotalAV) for the membership or services described on that provider's pages; (2) AdsBlocks is not a party to that membership agreement and is not the merchant of record, billing entity, or service operator; (3) you have read and understood the trial, Subscription, and automatic renewal terms, including the recurring price and billing frequency, as displayed by the third-party provider during sign-up; (4) you authorize the third-party provider and/or its payment processor, and not AdsBlocks, to charge your payment method until you cancel in accordance with its terms; and (5) AdsBlocks may receive compensation in connection with your membership or related partner offers, as described in the "Affiliate Compensation and Partner Services" section above.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to compete with us.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
21. Use the Site in a manner inconsistent with any applicable laws or regulations.
22. Use the Site in any way that would cause AdsBlocks to violate third-party platform or advertising network policies (including, without limitation, Google Ads policies).
ADVERTISING, MEDIA BUYING AND AUTOMATED AD PLACEMENTS
AdsBlocks acquires advertising inventory and placements through third-party advertising networks (such as Google Ads) that use automated systems to determine where and how ads are displayed. As a result, our ads may appear on a wide variety of websites, apps, and pages that we do not own or control. We do not review or endorse each specific page where an ad may appear, and the appearance of an ad near any third-party brand, logo, or content does not mean that AdsBlocks is affiliated with, sponsored by, or otherwise associated with that brand unless expressly stated.
We periodically update our placement and keyword exclusions to avoid displaying ads alongside content that could create confusion or imply unauthorized associations with third-party brands. If you believe an ad for AdsBlocks has appeared in a confusing or inappropriate context, please contact us using the details in the "Contact Us" section so that we can investigate and, where appropriate, adjust our advertising settings. The appearance of our advertisements on pages that reference or display third-party brands (such as app stores, review pages, or unofficial brand-related pages) does not mean that AdsBlocks is affiliated with, endorsed by, or sponsored by those brands.
Such Third-Party Websites and Third-Party Resources are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Resources posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Resources. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Resources does not imply approval or endorsement thereof by us.
If you decide to leave the Site and access Third-Party Websites or to use or install any Third-Party Resources, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Resources or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification").
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has 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;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to AdsBlocks.com using the contact information provided below (a "Counter Notification").
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that filed the Notification or the party's agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
You may send your Notification or Counter Notification to our Designated Copyright Agent electronically to: [email protected]
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE Terms and Conditions, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE Terms and Conditions OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. At the request of either Party, the informal negotiations can be brought before a professional mediator to assist in the process. If the Parties cannot agree on a mediator, either Party may petition a court of competent jurisdiction to identify or appoint a mediator. Mediation can be conducted by phone, Zoom, or other agreed upon method. Either Party has one (1) year from the date the Dispute arose to invoke this provision. Disputes older than one (1) year are deemed waived by the aggrieved Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations or mediation, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 12-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us by these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions, and the lack of signing by the parties hereto to execute these Terms and Conditions.