Terms and conditions

Last Updated: 03/29/2024

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS OF USE 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 (OR SIMILAR) ACTIONS OF ANY KIND.

These Terms of Use (“Terms”) explain your rights and obligations in accessing, visiting and/or using Tomb Slayer Radio (available at www.tombslayerradio.com) (the “Service”) which is made available by Tomb Slayer Radio, LLC (“Company,” “us,” or “our”). By accessing, visiting or using the Service, you consent and agree to be bound by these Terms of Use. If you do not agree with these Terms, you should not access, visit and/or use the Service.

In addition to reviewing these Terms, please also review our Privacy Policy and any other terms and conditions that may be posted elsewhere in the Service or otherwise communicated to you, because the Privacy Policy and all such terms and conditions are also part of these Terms of Use.

These Terms of Use may be modified from time to time, so please check back often. So that you are aware changes have been made, we will adjust the “Last Updated” date at the beginning of this document. If we make a material change to these Terms, we will also post on the Service a prominent notice that a change was made. Continued access, visitation and/or use of the Service by you will constitute your acceptance of any changes or revisions to the Terms.

PRIVACY

To learn about our use of your personal information that may be collected in connection with your access, visitation and/or use of the Service, please see our Privacy Policy.

YOUR ACCOUNT

You must set up an account to use certain features of the Services (“Account”). You will need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your Account information confidential. You are solely responsible for all usage or activity on the Services that occurs under your Account, including, but not limited to, Use of the Site by any person who uses your Account, with or without authorization. You agree to notify Company immediately of any unauthorized use or any other breach of security on your Account.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

All content on the Service (including, but not limited to, articles, graphics, drawings, design, text, software, selection, and arrangement)(“Content”) is protected by copyright laws around the world, including the United States. We grant you permission to use the Service for your own personal use.

You may not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the Content or Service or use the Service for commercial purposes, whether on behalf of yourself or a third party. The entire contents, features, and functions of the Service are owned by Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and other proprietary rights. You may not remove any copyright, trademark, or other proprietary notices from Content on the Service.

Use License. Subject to these Terms, we grant each user of the Service a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to view, print, download, and display locally Content, to the extent we hold such rights, solely for the user’s personal use of the Service. Use, reproduction, modification, distribution or storage of any Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Feedback and Unsolicited Material. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any compensation or obligation to you.

User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, including any feedback or unsolicited materials (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent to us that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your actions. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate or available.

By submitting User Content through the Service, you grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable, license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our advertisers and other business partners, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes any biographical information, including your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same. You also grant each user of the Services a non-exclusive, perpetual license to access your User Content through the Services, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any trademarks, copyrights, rights of publicity, or “moral” rights or claims resulting from our alteration of the User Content or any photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Company as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Company can use the User Content that you are licensing in any way Company sees fit to own and protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or forum.

Unless prohibited by applicable law, upon request from Company, you agree to execute and deliver any such additional documents that Company deems reasonably necessary to establish our ability to use the User Content as we see fit and that “Moral Rights of Authors” are waived under this User Agreement. Should Company fail to request any licenses or other documents, that shall not be deemed a waiver of Company’s rights and we may request any such documents at a later time.

COPYRIGHT INFRINGEMENT CLAIMS

If you believe in good faith that materials available on the Service infringe your copyright, you may send us a written notice by mail or e-mail, requesting that we remove such material or block access to it.

Notices and counter-notices must be sent in writing to Tomb Slayer Radio, LLC’s DMCA agent as follows:

Tomb Slayer Radio, LLC
DMCA Agent
c/o Olympus Wealth Management
PO Box 8637
Mistake, UT 84047
info@tombslayer.com

You must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

  • A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted works that are allegedly being infringed;
  • Specific identification and description of each copyrighted work claimed to have been infringed; if the copyrighted work is registered, please provide a copy of the copyright registration;
  • A description of where the material believed to be infringing is located (please be as detailed as possible and provide a URL or screenshot to help us locate the material you are reporting);
  • Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  • A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
  • You acknowledge that if you fail to provide substantially all of the information listed above, your notification may not be valid. Upon receipt of your written notice, we will investigate the allegation and remove the complained-of material at our sole discretion.

PROCESSING AND PAYMENT

We will endeavor to process your purchases as promptly as possible. We accept major credit cards, PayPal and other payment methods like certain digital wallet services made available during the purchase process. Accepted payment methods may vary based on your location. We reserve the right to reject any order or purchase at any time. By providing payment information to us, you agree that your payment information is valid and up to date.

We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. If you would like to use a different payment method or if there is a change in payment method, please update your billing information by contacting us at info@tombslayer.com. The disbursement of the updated credit card information is provided to us at the election of your credit card issuer. We are not responsible for the distribution of your updated credit card information. Your credit card issuer may give you the right to opt out of the updated service. It is your responsibility to contact your credit card issuer regarding your right to opt out of the updated service.

THIRD PARTY SERVICES & EXTERNAL LINKS

The Service may show or direct you to listings, descriptions, and images of products or services offered by independent third parties, as well as promotions, coupons, or discounts for those products. We try to keep this content error-free, but Company does not warrant that such content is accurate, complete, reliable, current, error-free, or comply with applicable laws.

The Service may allow you to access or interact with apps, websites, materials, products or services made available by others (“Third-Party Services”). By connecting to Third-Party Services, you agree that we may exchange information and data with the Third-Party Services consistent with our Privacy Policy. We do not control, endorse, and are not responsible for, any Third-Party Services, including their accuracy, integrity, quality, legality, usefulness or safety. Company has no obligation to monitor Third-Party Services, and may block or disable access to them at any time. You should contact the operator of the Third Party Service with any questions about their Third-Party Services.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO ANY TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES.

COMMUNICATIONS

The communications between you and us usually use electronic means, whether you access, visit or use the Service, send us messages, or whether we post notices on the Service or communicate with you via messaging. For contractual purposes, you: (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.

You understand and agree that joining the Service or accessing Content available on or through the Service may include receiving certain communications from us, such as transactional or relationship messages, and that you may not be able to opt-out of receiving those messages without ceasing to be a registered user of the Service.

ACCEPTABLE USE POLICY

Subject to your compliance with these Terms, and unless we provide express written consent to use the Service for other purposes, we grant you permission to use the Service solely for your personal, family, and household use. Company retains all right, title, and interest in and to the Service, including all Content and other material contained in or made available through the Service. You may not use any portion of the Service, except as expressly authorized in these Terms.

You may not provide any User Content, or use the Service or its Content in any manner that could harm any person, property, Company, its service providers or partners.

In addition, you agree not to:

  • Use the Service, including any Content, in any way that may cause injury to any person or entity; is false or misleading; infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; is inconsistent with the safe and proper use of the Service; or promotes commercial activities and/or sales without our prior written consent.
  • Use any materials that may be protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner or in any way that is otherwise unlawful.
  • Upload or distribute any malicious computer code (for example, a virus, worm, Trojan horse, spyware) or other computer file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Interfere with, modify, or disrupt the operation of the Service, or the servers or networks used in connection with the Service.
  • Impersonate any person, business, entity, or IP address (including, without limitation, by engaging in IP spoofing or by using email addresses or screen names associated with Company or any of its subsidiaries);
  • Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage other commercial activities, without our prior written consent;
  • Gain or attempt to gain unauthorized access to the Service, including by reverse engineering or installing firmware not approved by Company.
  • Frame or mirror any portion of the Service (including any Content), or incorporate any portion of the Service into any other product or service without Company’s express prior written consent.
  • Alter, damage, or delete any content provided by Company.
  • Use any robot, spider, search/retrieval application or other manual or automatic device to systematically retrieve, index, “scrape,” “data mine” or otherwise gather data or content from the Service.
  • Reproduce or circumvent the navigational structure or presentation of the Service, without Company’s express prior written consent.
  • Access (or attempt to access) the Service or any Content by any means other than through the interface provided by Company; and
  • Access the Service in order to build a similar or competitive service or product.

DISCLAIMERS

THE SERVICE AND ALL FEATURES, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE SERVICE OR ANY OF THE FEATURES, CONTENT, AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT OR FEATURES AVAILABLE THROUGH THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NONINFRINGEMENT OF ANY CONTENT OR FEATURES AVAILABLE THROUGH THE SERVICE OR CONTENT, GOODS, OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY SERVICES OR WEBSITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE, INCLUDING ITS CONTENT. IF YOU RELY ON THE SERVICE AND ANY CONTENT OR FEATURES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE, OR FEATURES OR CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

LIMITATION OF LIABILITY

COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE SERVICE OR ANY FEATURES OR CONTENT AVAILABLE THROUGH IT, INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ITS FEATURES OR CONTENT IS LIMITED TO $100.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend (only if requested) Company and its directors, officers, employees, agents, representatives, partners, licensors, and affiliates against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that arise from or relate to: (i) your use or misuse of, or access to, the Services, Content, or otherwise from your User Content; (ii) any violation of these Terms, or any infringement by you of any intellectual property or other right of any person or entity; or (iii) any third party using your Account or identity in the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

ARBITRATION AGREEMENT

YOU AND COMPANY 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 SERVICE OR SUBSCRIPTION, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS (INCLUDING THE PRIVACY POLICY) (COLLECTIVELY, “CLAIM”), SUCH CLAIM WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS. NOTWITHSTANDING THE FOREGOING: (I) IN LIEU OF ARBITRATION, EITHER YOU OR COMPANY 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 COMPANY 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 Company Tomb Slayer Radio LLC, c/o Olympus Wealth Management, PO Box 8637, Mistake, UT 84047). If Company intends to seek arbitration, Company will send Notice to the mailing or billing address associated with your Subscription. The Notice must describe the nature and basis of the Claim and the specific relief sought, all of which in sufficient detail to permit the other party to evaluate the Claim. If the parties cannot reach an agreement within sixty (60) days from the receipt of the Notice, either party may initiate arbitration proceedings. Absent the agreement of the parties after a demand for arbitration is made, neither the American Arbitration Association (“AAA”) nor JAMS will be permitted to administer any aspect of any arbitration relating to any Claim. The Federal Rules of Civil Procedure (the “FRCP”) and the Federal Rules of Evidence shall apply to and must be followed and enforced by the appointed arbitrator in any arbitration proceedings. If any of the rules or procedures of any arbitrator are different than or inconsistent with those required to be applied or followed under these Terms, then these Terms shall supersede and control, and must be followed as written. Each party will each pay the costs and fees for their respective attorneys’ prosecution or defense of any Claim being arbitrated, subject to any remedies to which either party may later be entitled under applicable law.

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS 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 DELAWARE, WITHOUT REGARD TO ITS CHOICE OF LAW PRINCIPLES. UNLESS YOU AND COMPANY AGREE OTHERWISE, IN THE EVENT THAT IT IS DETERMINED OR THESE TERMS 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) SHALL BE RESOLVED IN THE UNITED STATES DISTRICT COURT FOR STATE OF DELAWARE, 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 STATE OF DELAWARE FOR ANY SUCH CLAIM, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF DELAWARE, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS. YOU AND COMPANY BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. YOU ACKNOWLEDGE AND AGREE THAT EACH PARTY SHALL PAY THE FEES AND COSTS OF ITS OWN ATTORNEYS, EXPERTS, AND WITNESSES INCURRED IN CONNECTION WITH ANY ARBITRATION OR COURT PROCEEDING BETWEEN THE PARTIES NOTWITHSTANDING ANY PREVAILING PARTIES ATTORNEYS’ FEES PROVISION THAT MAY BE PART OF ANY STATUTE UNDER WHICH YOU MAY BRING A CLAIM.

YOU UNDERSTAND AND AGREE THAT 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 UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE, CLAIM, OR CAUSE OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICE, SUBSCRIPTION, AND/OR THESE TERMS (INCLUDING THE PRIVACY POLICY) TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER COMPANY USERS, OR OTHER PERSONS; (2) THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM; AND (3) THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY, NOR MAY THE ARBITRATOR CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THE DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION AGREEMENT SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.

THIS ARBITRATION AGREEMENT SHALL SURVIVE ANY TERMINATION OF THESE TERMS, AND ANY AMENDMENTS TO THIS ARBITRATION AGREEMENT SHALL BE PROSPECTIVE ONLY AND SHALL NOT AFFECT ANY PENDING CLAIM OR ARBITRATION PROCEEDING.

TERMINATION

We reserve the right to modify or terminate the Service, these Terms, and any services offered through the Service at any time without notice, for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.

ADDITIONAL TERMS MAY APPLY

Depending on the Content or features included on the Service, additional terms may apply (“Additional Terms”). Additional Terms may also apply for promotions, sweepstakes, contest, giveaways, or similar programs. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control.

GENERAL

These Terms (which include the Privacy Policy) are the complete agreement between you and Company regarding your use of the Service, including its Content, and is governed by applicable federal laws and the laws of Delaware applicable to agreements made and completely performed there.

You irrevocably agree to bring any claim or dispute relating to your use of the Service and these Terms exclusively in the state and federal courts located in the State of Delaware, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts.

Section titles and headings are for convenience only and have no legal or contractual effect. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law.

CHANGES TO THE TERMS

We may change these Terms from time to time by posting an updated version on this webpage, or, if we determine that it is appropriate, we may provide other notice to you. Due to our commitment to transparency and accountability, we will keep archived (previous) versions of these Terms available on the Service, so that users can review what has changed.

QUESTIONS

Please email us at info@tombslayer.com with any questions you may have about these Terms.