Last updated on 2022.08.01
TABLE OF CONTENTS
PLEASE NOTE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION SECTIONS CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR AGREEMENT TO ARBITRATE FOLLOWING THE LAWS OF ARIZONA ONLY.
Colossal Management, LLC ("Operator"), a Delaware limited liability company, administers votefab40.com (the “Website”) and operation of the associated Fab Over 40 Competition (“Competition). Operator can be reached here.
DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE EXPRESSED, OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Resources are provided to you to be used and accessed at your own discretion and risk. A such, you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the use, access, and/or download of the Resources.
LIMITATIONS OF LIABILITY
Under no circumstance will Operator be liable for any direct or indirect damages with respect to the availability or accuracy of the Resources or information contained therein, the availability of the Competition or operation of the Website, the responsiveness of the Resources or your use of the Resources or information provided to you.
IN NO EVENT SHALL OPERATOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES, OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE OR RESOURCES, YOUR INABILITY TO USE THE WEBSITE OR RESOURCES, OR THE REGISTRATION, VOTING, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE WEBSITE OR RESOURCES, EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPERATOR BE LIABLE FOR ANY DIRECT DAMAGES BEYOND OUT OF POCKET COSTS, ATTORNEYS’ FEES OR ARBITRATION COSTS.
You understand that, by accessing any images or external links on the Website or the Resources, you may encounter content that may you may deem offensive, indecent, or objectionable, which said content may or may not be identified as having explicit images or language, and that the accessing of a particular image or external link may unintentionally result in the user to being subjected to objectionable material. Nevertheless, you agree to use the Website at your sole risk, that you understand Operator has provided images and external links for convenience purposes only, and that Operator shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
All content and materials available on the Website, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property ("IP") of Operator (or Operator has the legal right and authority to use said IP), and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any of Operator's IP or content on the Website is strictly prohibited, unless specifically authorized by Operator.
The news media and subscribers may use brief portions of any material provided it is not distorted, Operator is given credit for the material utilized, and Operator is shown as the copyright holder.
Pursuant to the Rules, Entrants expressly assign any intellectual property rights in the Submitted or Additional Photographs to Operator and waive any claims for copyright infringement or violation of the right of publicity.
GOVERNING LAW, WAIVER, AND DISPUTE RESOLUTION
The Competition is controlled by Operator from offices located the USA, and can be accessed from many countries around the world. As each country has laws that may differ from those that the Competition is operated under, by accessing the Website and/or participating in the Competition in any fashion, you agree that the laws of Arizona, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the Competition, including as an Entrant, Competitor, Voter, or Winner (as defined in the Rules), the use of the Website and the participation in the Competition, including through this Website.
When you provide us with your mobile phone number, you agree that Operator may contact you at the number provided via text message. Message and data rates apply. Message frequency may vary. Consent to be contacted via text message is not required to participate in the Competition. Reply “STOP” to discontinue text messages at any time or contact us here at any time to opt out of future communications.
By providing your email address, you agree to receive emails from Operator (including newsletter, updates, and promotional offers related to the Competition).
NO REFUND POLICY
Since the Competition will be decided based upon votes the public casts, there are no refunds once a vote is cast. As a Voter, you are responsible for understanding this policy. To maintain the integrity of the Competition, there will be no exceptions to this policy.
All vote purchases are immediately final and non-refundable. By making a purchase, you acknowledge you have read and agreed to the Competition's "No Refund Policy", as written in herein.
CHANGES TO THIS AGREEMENT