TERMS OF USE

These Terms of Use are effective as of July 2, 2018

Welcome to Tibrio’s website, owned and operated by Tibrio, LLC (“Tibrio,” “we,” or “us”).  The following terms and conditions (“Terms of Use”) are entered into by and between You and Tibrio.

Please read these Terms of Use carefully, as they govern your access and use of the Tibrio website (the “Site”).  By using the Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy.  If for any reason you are unable or unwilling to agree to these Terms of Use, please immediately stop using or attempting to use the Site, because by continuing to use the Site, you expressly agree to be bound these Terms of Use.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use and any part of the Site at any time in our sole discretion.  We will notify you of changes to our Terms of Use by posting the new terms on this Site or by sending you a notice via e-mail.  All changes are effective immediately when posted, and your continued use of the Site means that you accept and agree to the changes.

RULES OF CONDUCT

You agree to use or access the Site or the Service only for lawful purposes and in accordance with these Terms of Use.  

You may never use or enable others to use the Site to do or attempt to:

  • Violate any applicable federal or state law, regulation, judicial or governmental order, treaty, Tibrio’s rights, or the rights of any person, firm, or enterprise;
  • Engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or suggestive, racially or ethically offensive, harmful, harassing, intimidating, threatening, discriminatory, or abusive;
  • Use the Site for posting or uploading malicious or unauthorized code (e.g. viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information which in any way might interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment;
  • Use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any material on the Site;
  • Use the Site in any manner that could disable, disrupt, damage, impair, or interfere with the use, features, functions, operations, or maintenance of the Site;
  • Attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any of the source code that we use in providing the Site;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempt to interfere with the proper working of the Site.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features, functionality, including, but not limited to all information, text, displays, photographs, graphics, video, audio, design, selection and arrangement thereof (“Tibrio Content”) are owned by, licensed to, or provided to Tibrio.  The Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, and thus, we own and retain all rights to and in the Tibrio Content and the Site.

These Terms of Use permit you to use the Site for your personal, non-commercial use only.  No right, title, or interest in or to the Site or any Tibrio Content is transferred to you, and all rights not expressly granted are reserved by Tibrio.  You may not reproduce, distribute, modify, create derivative works of, or distribute copies of the Tibrio Content, in whole or in part.  You acknowledge and agree that if you use any of the Tibrio Content in violation of these Terms of Use, any other party’s rights or any laws or regulations, including laws relating to the protection of intellectual property, you may be subject to civil liability, criminal prosecution, or both under the laws and regulations of the United States, as well as any other state, national, provincial, or other laws, regulations, and treaties that may apply.

THIRD PARTY CONTENT AND LINKS

If the Site contains links to other websites and resources of third parties, such links are provided for convenience purposes only.  We have no control over and have no liability for any third party websites and/or materials.  Because we do not have control over the content and performance of these third party websites, we make no guarantees about the accuracy, content, or quality of the information provided by such websites.  If you decide to access any third party websites linked from or to this Site, you do so entirely at your own risk and subject to the terms and conditions of those websites.

DISCLAIMERS AND LIMITATION OF LIABILITY

OUR SITE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF THE SITE WILL BE MADE AVAILABLE FOR USE, PERFORM AS DESCRIBED, OR THAT THE SITE IS ACCURATE, TIMELY, COMPLETE, OR ERROR FREE.  YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GURANTEE OR WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES OR DESTRUCTIVE CODE.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTURBED DENIAL-OF-SERVICE ATTACK, MALICIOUS OR UNAUTHORIZED CODE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING ANY MATERIAL POSTED ON THE SITE, OR ANY WEBSITE LINKED TO THE SITE.

OUR LIABILITY TO YOU IS LIMITED.  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TIBRIO, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE.  WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST, AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OR ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR DAMAGES (IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU.  

IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED ($100) U.S. DOLLARS.

GOVERNING LAW

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be construed by, governed by, and enforced under the substantive laws of the State of California applicable to parties residents in and contracts made, executed, and wholly performed within the State of California.  Any legal suit, action or proceeding arising out of, or related to these Terms of Use or the Site shall be instituted exclusively in the State and Federal courts situated in San Diego, California, USA.  

Any cause of action or claim that you may have arising or related to these Terms of Use or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

ARBITRATION AND CLASS ACTION WAIVER

You agree to first contact us at legal@tibrio.com for any dispute or controversy so as to attempt to resolve the dispute or controversy informally.  Any controversy or claim arising out of or related to the use of the Site or Service that cannot be resolved through such informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered may be entered in any court having jurisdiction thereof.  The arbitration will be conducted in the English language in the city of San Diego, California by a single neutral arbitrator.

You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party.  If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis.  If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in San Diego, California.

MISCELLANEOUS

These Terms of Use and our Privacy Policy constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings.  Our Terms of Use cannot be modified except as described herein or in a written amendment signed by an authorized representative of ours.  The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use.  No waiver or any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof.  

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Tibrio has adopted the following procedure regarding copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which is located at http://www.copyright.gov/legislation/dmca.pdf. 

THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying Tibrio’s Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.  Tibrio will respond expeditiously to any claims of copyright infringement that are properly reported.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): Tibrio, LLC

Name of Designated Agent to Receive Notification of Claimed Infringement: Elizabeth Chu

Full Address of Designated Agent to Which Notification Should Be Sent: 925 B Street, Fifth Floor, San Diego, CA 92101

Email Address of Designated Agent: legal@tibrio.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

(2) Identification of the copyrighted work (or works) that you claim has been infringed;

(3) A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

(4) A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material; 

(5) Your contact information, including your name, address, telephone number, and e-mail address;

(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

CONTACT

  • 41 West 25th St
    3rd FL
    New York, NY 10010
  • contact@tibrio.com