TERMS OF SERVICE

Last Updated: 11/29/2021

PLEASE READ THESE TERMS OF SERVICE (“Terms”) CAREFULLY before using TheCGBros website (the “Website”) or any of TheCGBros products, channels, software, data feeds, and services, provided to you on or from or through the Website by TheCGBros or on or from or through any channel operated by TheCGBros, including, but not limited to, our YouTube channel entitled “TheCGBros” or any other service or media streaming service or media player within our control (collectively the “Service”). These Terms govern and apply to all persons (“Users”) who access, use, or contribute “Content” to the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features User Contributions (defined below) and other materials you may view on, access through, or contribute to the Service. By accessing or using the Service you acknowledge that you have read these terms, understand them, and agree to be bound by the terms and conditions described herein, including TheCGBros’ Privacy Policy, found at https://www.thecgbros.com/privacy-policy, incorporated herein by reference. If you do not agree to all these terms and conditions, do not use our Service.

Rules and Conduct

  1. You must be 18 years or older to use the Service.
  2. You may not use the Service if you are a person who is barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
  3. To access some features of the Website or other elements of the Service, you must create a TheCGBros account. You may not create an account for anyone other than yourself without permission. You may not create more than one personal account. If TheCGBros disables your account, you will not create another one without TheCGBros’ permission.
  4. When creating your account, you must provide accurate and complete information. You should keep the password to your account with TheCGBros secure and confidential. You agree that you will be solely responsible for all activity that occurs under your TheCGBros account. You must notify TheCGBros immediately of any breach of security or unauthorized use of your TheCGBros account you learn of.
  5. You may not impersonate another person or entity or represent yourself as affiliated with TheCGBros or TheCGBros’s staff (including, without limitation, by using e-mail addresses or screen names associated with the foregoing).
  6. You must not stalk, abuse, harass, threaten, impersonate, or intimidate other Users of the Service.
  7. You may not post anyone’s identification documents or sensitive information on the Website or Service.
  8. You may not express or imply that any statements you make are endorsed by TheCGBros, without our specific prior written consent.
  9. You may not use web URLs in your account name or posts without prior written consent from TheCGBros.
  10. You may not use the Service for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.
  11. You may not intentionally misrepresent any services offered via TheCGBros.
  12. You are responsible for your conduct and any Content you submit, post, and display on the Website and Service.
  13. TheCGBros does not control, is not responsible for, and makes no representations or warranties regarding any Content submitted by a User.
  14. You are responsible for your access to, use of, and/or reliance on any user Content. You must conduct any necessary, appropriate, prudent, or judicious investigation, inquiry, research, and due diligence regarding any user Content.
  15. You are responsible for ensuring that all persons who access the Service through your internet connection know these Terms and comply with them.

This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service. However, we may do so to operate the Service, to ensure your compliance with these Terms, or to comply with law or the order or requirement of a court, administrative agency or other governmental body. By using the Service, you represent and warrant you are of legal age to form a contract with TheCGBros and meet the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Service.

We reserve the right, at any time and without prior notice, to remove or disable access to any data or Content submitted by a User, that we consider, in our sole discretion, to violate these Terms, or harmful to the Service. Deleted Content may be stored by TheCGBros to comply with certain legal obligations and claims. TheCGBros encourages you to maintain your own backup of your Content. TheCGBros is not a backup service. TheCGBros will not be liable to you for any modification, suspension, or discontinuation of the Service, or losing any Content.

We make no representations, warranties, or guarantees with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy, or completeness of any Content in the Service. We will not be liable if all or any part of the Service is unavailable at any time or for any period.

General Terms

  1. You may not download, copy, modify, reproduce, create derivative works, publicly display, publicly perform, digitally transmit, distribute, broadcast, sell, license, or otherwise exploit any Content found in any part of the Service other than as permitted by these Terms.
  2. You may not disassemble, decompile, or reverse-engineer the Website or modify another website, application, or product offering to falsely imply that it is associated with TheCGBros.
  3. You may not transfer, share, or otherwise distribute the Service or any part of the Service to anyone else.
  4. You may not access TheCGBros’ private API by any means other than through the official TheCGBros Service.
  5. You may not access or try to access non-public areas of the Service, our computer systems, or the technical delivery systems employed by the Service.
  6. You may use no robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, crawl, scrape, “data mine,” reproduce, or circumvent the navigational structure or presentation of the Service or otherwise index any portion of the Service or any Content including, but not limited to, User accounts, names, addresses, email addresses, photos, or any other Content.
  7. TheCGBros grants the operators of public search engines permission to use spiders to copy materials from the Service solely to create publicly available searchable indices of the materials, but not caches or archives of such materials. TheCGBros reserves the right to revoke these exceptions either generally or in specific cases, at its sole discretion.
  8. You may not use the Website or the Service (including the comments and email features on the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise. You may not solicit, for commercial purposes, any Users of the Service regarding their Content.
  9. You agree not to use the Service for the following commercial uses unless you obtain TheCGBros’ prior written approval:
    • o    the sale of access to the Service;
    • o    the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
    • o    the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from TheCGBros appears on the same page and is of sufficient value to be the basis for such sales.
  1. You may not create, transmit, submit or procure sending of advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation (collectively, “Spam”) to any Users of the Service.
  2. You may not gather and use information, such as Users’ names or email addresses, which are provided through the Service for any purpose outside of these Terms, including, but not limited to, Spam or any other form of unwanted solicitation.
  3. You may not post, email, or otherwise transmit any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. You may not “mirror” or “frame” any part of the Service, without our prior written authorization or use meta tags or code or other devices containing any reference to TheCGBros or the Service to direct any person to any other website for any purpose.
  4. You may not access Content through any technology or means other than the video playback pages of the Website itself or such other means as TheCGBros may explicitly designate for this purpose.
  5. You may distribute no part of or parts of the Website or the Service, including, but not limited to, any Content, in any medium without TheCGBros’ prior written authorization.
  6. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
  7. You may not transfer, use, or sell your account with TheCGBros to any other party.
  8. TheCGBros reserves the right, but has no obligation, to reject any Content provider or to remove any User Content we believe does not comply with these prohibitions.
  9. You may not, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
  10. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Use caution when accessing your account from a public or shared computer so others cannot view or record your password or other personal information.
  11. You agree not to attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website.
  12. Violation of these Terms can cause the termination of your account with TheCGBros.
  13. While TheCGBros prohibits certain conduct and Content on the Website, you understand and agree that TheCGBros cannot be responsible for the Content posted on the Website. You further understand and agree that you nonetheless may be exposed to such materials and that you use the Service at your own risk.

General Conditions

  1. We reserve the right to refuse service to anyone for any reason at any time.
  2. We reserve the right to force forfeiture of any account that becomes inactive, violates any intellectual property or other laws of the United States, misleads other Users, or is otherwise deemed inappropriate by TheCGBros.
  3. We may, but have no obligation to, remove Content and/or accounts we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or violates any party’s intellectual property, these Terms, or our Privacy Policy.

Proprietary Rights in Content on the Website or Related Service

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service.

  1. As a TheCGBros account holder, you may post User Contributions. You understand that whether your User Contributions are published, TheCGBros does not guarantee any confidentiality regarding your User Contributions.
  2. You understand and agree that you are solely responsible for your own User Contributions and the consequences of posting it on or through the Service.
  3. TheCGBros does not endorse any User Contributions or any opinion, recommendation, or advice expressed.
  4. TheCGBros expressly disclaims any liability with User Contributions.
  5. TheCGBros claims no ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other User Contributions you post on or through the Service.

Licensing Terms 

  1. By submitting, displaying, and/or publishing (“posting”) any User Contributions on or through the Service, you hereby grant to TheCGBros a non-exclusive, fully paid, and royalty-free, worldwide, sub-licensable and transferable license to use, modify, prepare derivative works of, publicly perform, publicly display, reproduce, and distribute such User Contributions, including, without limitation, distributing part or all of the User Contributions in any media formats through any media channels now known or hereafter invented.
  2. The license term begins on the date TheCGBros receives a completed Content Submission Agreement and lasts until the date that is 3 years from that date. This is called the “Initial Distribution Period.” At the end of the Initial Distribution Period, the TheCGBros may, but are obligated to, renew at their sole option, for an additional 1-year term called “Renewal Distribution Period.” The Initial Distribution Period and each Renewal Distribution Period (if any), in either of the above cases, is the “Distribution Period.
  3. The license you grant is non-revocable during the Distribution Period except for the 30-day period preceding the end of the Initial Distribution Period or the then-current Renewal Distribution Period. During this 30-day period either you or TheCGBros may provide notice of intent not to renew the license to the other party. The procedure for declaring the intent not to renew the license is described in the FAQ at TheCGBros.com.
  4. If you would like to cancel the license earlier than the agreed-upon termination date in the preceding paragraph, TheCGBros are under no obligation to do so but may offer you the option to buy out the remaining term of the license upon payment of an early cancellation fee. As a practical matter, please know not all obligations can be terminated, including those contained in the Content Submission Agreement.
  5. During the Distribution Period, TheCGBros may permit the license to be suspended temporarily for good cause, such as for entering the video into a film festival or equivalent, where there is a requirement that the video not be shown elsewhere than the festival or other venue during the event. In this case, the license will be suspended for a number of consecutive thirty-day periods designated by you, not to exceed three in any Distribution Period. The suspension will be lifted automatically at the end of the designated suspension period. When the suspension is lifted, the license term clock will be reset to zero and a new Initial Distribution Period will begin. The procedure for obtaining a suspension is described in the FAQ at TheCGBros.com.
  6. By posting any Content on or through the Service, you hereby grant to each User of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service. You agree that any Content which either you or we upload or post on your behalf does not contain material unlawful for you to possess in the country in which you are resident, or which would be unlawful for TheCGBros to use or possess in connection with the provision of the Service.
  7. Except as provided within the Terms, you may not download, copy, modify, reproduce, create derivative works, publicly display, publicly perform, digitally transmit, distribute, broadcast, sell, license, or otherwise use any Content appearing on or through the Service.
  8. Some of the Service is supported by advertising revenue and may display advertisements and promotions. You agree that TheCGBros or others may place such advertising and promotions on the Service or on, about, or with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.

Monitoring and Enforcement 

We have the right to:

  1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  2. Take any action regarding any User Contribution we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for us.
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, we have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THECHBROS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no responsibility to anyone for performance or nonperformance of the activities described in this section.

Notice and Takedown Procedure for Copyright Complaints 

We take claims of copyright infringement seriously. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This section describes the information that should be present in these notices. It makes submitting notices of alleged infringement to TheCGBros straightforward while reducing the number of notices we receive that are fraudulent or difficult to understand or verify. The form of notice specified below follows the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site [http://www.copyright.gov]) but we will respond to notices of this form from other jurisdictions.

It is expected that all Users of any part of the Service will comply with copyright laws. However, if TheCGBros receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good faith attempt to contact the owner or administrator of the affected site or Content so they may make a counter-notification under 17 USC Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

Designated Agent

TheCGBros’ Designated Agent to receive notification of alleged infringement under the DMCA is:

Johnston Media Group, Inc.
2127 Olympic Parkway, Suite 1006
Chula Vista, CA 91915

Upon receipt of proper notification of claimed infringement, TheCGBros will follow the procedures outlined and in the DMCA.

Infringement Notification

If you believe that your work has been copied so it constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TheCGBros’ Designated Agent (listed above) the following information in written communication (preferably via email):

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  2. Identification of the material 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 TheCGBros to locate the material.
  3. Information reasonably sufficient to permit TheCGBros 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.
  4. 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”.
  5. 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”; and
  6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA if you materially misrepresent that material is infringing your copyrights. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Counter Notification

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification under sections 512(g)(2) and (3) of the DMCA. To file a counter-notification with us, please provide TheCGBros’ Designated Agent (listed above) the following information in written communication (preferably via email):

  1. Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  2. Your name, address, and telephone number.
  3. The following statement: “I consent to the jurisdiction of the Federal District Court for Southern California.”.
  4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”.
  5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  6. Your signature, in physical or electronic form.

Upon receipt of such counter notification, TheCGBros will promptly provide the person who provided the original infringement notification with a copy of the counter notification and inform that person that TheCGBros will replace the removed material or cease disabling access to it in 10 business days. TheCGBros will replace the removed material and cease disabling access to it in not less than 10, nor over 14, business days following receipt of the counter-notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has sought a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

You may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA if you materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Repeat Infringers

Under Section 512(i)(1)(a) of the DMCA, TheCGBros will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers. A repeat infringer is a User notified of infringing activity more than twice.

Accommodation of Standard Technical Measures

It is TheCGBros’ policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that TheCGBros determines are reasonable under the circumstances.

Indemnification

You agree to indemnify and hold TheCGBros harmless from and against any costs, damages, liabilities, and expenses (including attorneys’ fees) it incurs in relation to, arising from, or to avoid, any claim or demand from a third party relating to (i) your use or misuse of, or access to, the Service; (ii) a violation of these Terms, any law or regulation, or the rights of any third party, by any person using your account; (iii) your Content; or (iv) your interaction with any Users.

TheCGBros retains the right to employ TheCGBros’ own counsel. You remain solely responsible for TheCGBros’ defense and must obtain our written consent to a settlement. You agree to notify TheCGBros of a pending suit claiming you have violated a third party’s intellectual property or other rights. TheCGBros requires that you confirm your indemnification if a lawsuit occurs; failure to do so may be considered a breach of these Terms.

Integration with Third-Party Services

If you are using the Service combined, integrated, or used with Third-party products, software applications, or websites (“Third Party Service[s]”), you agree that: (i) you may have to enter into a separate license agreement with the third party owner or licensor for their Third Party Services; (ii) the functionality of the Service may be diminished when operating through a Third Party Service; and (iii) TheCGBros cannot guarantee that the Service shall always be available on or in connection with such Third-Party Services and endorses no advertising, products, or other materials on or available from such websites or resources.

You acknowledge and agree that TheCGBros is not liable for any loss or damage which may be incurred by you because of the availability of those external sites or resources, or because of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.

TheCGBros encourages you to be aware when you leave the Service and to read the terms and privacy policy of each other website you visit.

Ownership

TheCGBros and the Service are protected by international copyright, trademark, trade secret and other intellectual property or proprietary rights laws of the United States and foreign countries. TheCGBros hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display Content from the Service (excluding any software code) solely for your personal use in connection with viewing postings and using the Service. Except as provided in these Terms, we (or our licensors) exclusively own all right, title, and interest in and to the Website and the Service, and the entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) including all associated intellectual property rights.

You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Website or the Service (“Feedback”) is given voluntarily and, even if designated as confidential, will create no confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise use such Feedback as we see fit, without obligation or restriction of any kind because of intellectual property rights or otherwise.

The term TheCGBros and all related names, logos, product and service names, designs and slogans are trademarks of TheCGBros or its affiliates or licensors. You must not use such marks without the prior written permission of TheCGBros. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Modification

TheCGBros reserves the right, at its sole discretion, to modify or replace these Terms on the Website or Service. All changes are effective immediately when posted on the Website. However, any changes to the dispute resolution provisions in Governing Law and Arbitration will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. TheCGBros may also impose limits on certain features and services or restrict access to parts or all of the Service without notice or liability. Therefore, you must review the Terms regularly to check for such changes. The modified version of the Terms (the “Modified Terms”) will be posted at https://www.thecgbros.com/tos/ or provided within the Service. If you do not agree to the modified Terms, you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.

Termination

TheCGBros may terminate, change, suspend, or discontinue the Service (including, without limitation, the availability of any feature, database, or content) or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may cause the forfeiture and destruction of all information associated with your use of the Service and related Content.

To terminate your legal agreement with TheCGBros, you may do so by (a) notifying TheCGBros in writing via email and (b) closing your TheCGBros account. However, please know not all obligations can be terminated under this Agreement, including but not limited to those contained in the Content Submission Agreement.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THECGBROS NOR ANY PERSON ASSOCIATED WITH THECGBROS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THECGBROS NOR ANYONE ASSOCIATED WITH THECGBROS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THECGBROS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, THECGBROS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS REPUTATION, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (3) ANY CONTENT OBTAINED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; OR (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES, OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

Representation and Warranties

You represent and warrant that: (i) you own the Content that either you or TheCGBros posts on your behalf on or through the TheCGBros Service or otherwise have the right to grant the license in this section; (ii) the posting and use of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) posting your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person because of Content you post on or through the Service within the Indemnification section below.

Exclusions and Geographic Restrictions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, TheCGBros’ liability will be limited to the fullest extent permitted by law.

The owner of the Website is based in the State of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Nothing in the Terms shall affect any statutory right that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

Arbitration

For any dispute you have with TheCGBros, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event we cannot resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), exclusively through confidential arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”). The award rendered by the arbitrator will be final, non-reviewable, non-appealable, and binding on the parties and may be entered and enforced in any court having jurisdiction, and any court where a party or its assets is located. There will be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent of the request for arbitration or in default thereof appointed by the AAA under its Commercial Rules. The seat or place of arbitration will be San Diego, California. Each party will pay any filing, administrative, and arbitrator fees. Except as required by law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. The arbitrator will have no authority to award punitive damages, consequential damage, or liquidated damages. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection will apply to the proceedings. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THECGBROS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing Law

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by the laws of the State of California in the United States, without regard to any conflict of laws, rules, or principles (whether of the State of California or any other jurisdiction).

Other Terms

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

These Terms may be supplemented with a signed, written agreement between you and TheCGBros regarding the submitting of content on our Service (“Content Submission Agreement”). If you execute a Content Submission Agreement with us, you agree to be bound by both these Terms, including the Privacy Policy, and the Content Submission Agreement.

Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and TheCGBros regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website.

Questions & Contact Information

If you have questions about our Terms, TheCGBros can be contacted at info@thecgbros.com