Terms of Use

Description of TWiT Services and Acceptance of Terms of Use

Welcome to this TWiT.TV site, which is owned and operated by Leo Laporte and TWiT LLC ("TWiT" or "TWiT.tv"). The services offered by TWiT include TWiT.tv, TechGuyLabs.com, the TWiT iPhone application, and any TWiT - branded URL, WAP site and mobile application (collectively, the "Site"), TWiT messaging services, video services, RSS feeds, podcasting services, mobile services, and any other feature, content, or applications offered from time to time by TWiT in connection with TWiT (collectively, the "TWiT Services"). TWiT is based in the United States and the TWiT Services are hosted in the United States.

TWiT furnishes the Site and the TWiT Services for your personal enjoyment and entertainment. By visiting the Site (whether or not you are a registered member) or using the TWiT Services, you accept and agree to be bound by this Terms of Use Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. TWiT may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site or the TWiT Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the TWiT Services immediately. You may receive a copy of this Agreement by emailing us at: info@twit.tv, Subject: Terms of Use Agreement. Your access to and use of certain TWiT Services may require you to accept additional terms and conditions applicable to such TWiT Services, in addition to this Agreement, and may require you to download Software or Content (each as defined below).

PLEASE NOTE THAT THE "ARBITRATION AGREEMENT" SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND TWiT UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND TWiT WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.

Eligibility for Site Registration and Account Security

Children under the age of 13 are not authorized to post messages or participate in "Forums" (as defined below) on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify TWiT immediately if you suspect any unauthorized use of, or access to, your account or password.

Termination

This Agreement remains in full force and effect while you use the TWiT Services. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing info@twit.tv, Subject: Terminate My Account. TWiT may terminate your account and/or access to the TWiT Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the TWiT Services is terminated, this Agreement will remain in effect. You agree that your account is non - transferable and any rights to your account terminate upon your death.

Fees

You acknowledge that TWiT reserves the right to charge subscription fees for any portion of the TWiT Services. TWiT will provide you with at least 30 days advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the TWiT Services after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription. If TWiT suspends or terminates your account and/or access to the TWiT Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

Purchasing Site Services or Products

If you purchase any service or product on the Site, ("Site Product"), you may be required to provide personal information, including credit card and billing information ("Personal Financial Information"), to an independent third party company (or companies) selected by, but not affiliated with, TWiT (the "Processor"). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Site you are warranting that you are authorized to make the purchase using the form of payment card that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.

TWiT makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. TWiT provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, TWiT will in no way be responsible or liable to you for any such breach.

TWiT will not store any record of Personal Financial Information related to purchases or other transactions you make through the TWiT Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.

TWiT Content

The TWiT Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") of TWiT ("TWiT Content"). TWiT Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and TWiT, TWiT owns and retains all rights in the TWiT Content and the TWiT Services. TWiT hereby grants you a limited, revocable, nonsublicensable license to access and display the TWiT Content (excluding any software code) solely for your personal, non - commercial use in connection with viewing the Site and using the TWiT Services. The TWiT Services may also contain Content of users and other TWiT licensors. Except as provided in this Agreement or as explicitly allowed on the TWiT Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the TWiT Services.

Except as explicitly and expressly permitted by TWiT, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on - line postcards, montages, mash - ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the TWiT Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web - based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo - filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from TWiT. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting TWiT in writing at: Legal Department, TWiT L.L.C., PO Box 1018, Petaluma, California 94953, or by emailing info@twit.tv, Subject: Content Request.

Your Use of TWiT Services

The TWiT Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from TWiT. TWiT reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the TWiT Services (collectively, "User Content"). Accordingly, please choose carefully the information that you post on, through or in connection with the TWiT Services. You understand that TWiT does not control the User Content posted by users via the TWiT Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. TWiT assumes no responsibility or liability for this type of Content. If you become aware of misuse of the TWiT Services, please report this immediately to TWiT by emailing info@twit.tv, Subject: Misuse of TWiT Services. TWiT assumes no responsibility for monitoring the TWiT Services for inappropriate Content or conduct. If at any time, TWiT chooses in its sole discretion to monitor the TWiT Services, TWiT nonetheless assumes no responsibility for Content other than TWiT Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

You agree not to use the TWiT Services to:

- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;

- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;

- Harass or harm another person;

- Exploit or endanger a minor;

- Impersonate or attempt to impersonate any person or entity;

- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;

- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the TWiT Services, including TWiT's servers, networks or accounts;

- Cover, remove, disable, block or obscure advertisements or other portions of the TWiT Services;

- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the TWiT Services, or to circumvent or modify any security technology or software that is part of the TWiT Services;

- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the TWiT Services. If you do so, you acknowledge you will have caused substantial harm to TWiT, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay TWiT $50 for each actual or intended recipient of such communication;

- Solicit, collect or request any personal information for commercial or unlawful purposes;

- Post, upload or otherwise transmit an image or video of another person without that person's consent;

- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without TWiT's prior written consent;

- Use the TWiT Services to advertise or promote competing services;

- Use the TWiT Services in a manner inconsistent with any and all Applicable Law;

- Attempt, facilitate or encourage others to do any of the foregoing.

TWiT reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by TWiT in its sole discretion. You acknowledge TWiT reserves the right to investigate and take appropriate legal action against anyone who, in TWiT's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that TWiT may access, preserve or disclose information you provide to the Site, including User Content, when TWiT has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of TWiT, our parents, subsidiaries or affiliates ("Affiliated Companies"), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the TWiT Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

Message Boards and Public Forums

The Site offers users the ability to post public messages on message boards, chat rooms and forums ("Forums"), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and TWiT cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. TWiT is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. TWiT reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.

Your Proprietary Rights

TWiT does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the TWiT Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by TWiT or any Affiliated Company. By posting any User Content on, through or in connection with the TWiT Services, you hereby grant to TWiT and our Affiliated Companies, licensees and authorized users, a perpetual, non - exclusive, fully - paid and royalty - free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, TWiT is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including TWiT Services. TWiT's use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. TWiT reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the TWiT Services. You hereby appoint TWiT as your agent with full authority to execute any document or take any action, TWiT may consider appropriate in order to confirm the rights granted by you to TWiT in this Agreement.

You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the TWiT Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the TWiT Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the TWiT Services or Third Party Services. If you delete your User Content from any TWiT Service, TWiT' license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the TWiT back-up copies of the applicable TWiT Service, which are not publicly available. Furthermore, to the extent that TWiT made use of your User Content before you deleted it, TWiT will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from TWiT Services will not result in, and TWiT assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from TWiT Services, and (ii) termination of your account or your use of the TWiT Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.

Copyrights and Other Intellectual Property

TWiT respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. TWiT has a policy of terminating repeat infringers' access to the TWiT Services in appropriate circumstances.

If you believe that any material residing on or linked to from the Site infringes your copyright, please send TWiT' Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the TWiT Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. TWiT' Copyright Agent for notification of claimed infringement can be reached as follows: Legal Department, TWiT.tv, PO Box 1018, Petaluma, California, 94953; Phone: 1-800-605-8948; Attn: Lisa Laporte, Copyright Agent. TWiT's Copyright Agent for notification of claimed infringement can also be reached electronically at info@twit.tv.

Third Party Links and Services

The TWiT Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties ("Third Party Services"). When you engage with a Third Party Service, you are interacting with the third party, not with TWiT. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service's privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. TWiT is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the TWiT Services does not imply approval or endorsement of the Third Party Service. TWiT is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an Affiliated Company or a company otherwise connected with the Site. By using the TWiT Services, you acknowledge and agree that TWiT is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. TWiT encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to the Site, you must contact the Legal Department at TWiT at info@twit.tv, Subject: Request for Permission to Link to Site, before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or TWiT, including its respective employees, agents, directors, officers or shareholders.

Member Disputes

You are solely responsible for your interactions with other TWiT users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the TWiT Services. TWiT reserves the right, but has no obligation, to become involved in any way with these disputes.

Privacy

Use of the TWiT Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

The TWiT Services are provided "AS - IS" and "as available" and TWiT does not guarantee or promise any specific results from use of the TWiT Services. TWiT expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non - infringement. In particular, TWiT makes no warranty that your use of the TWiT Services will be uninterrupted, timely, secure or error - free or that any information obtained by you on, through or in connection with the TWiT Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will TWiT be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the TWiT Services, problems or technical malfunction in connection with use of the TWiT Services, attendance at a TWiT event, any material downloaded or otherwise obtained in connection with the TWiT Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the TWiT Services, or the conduct of any users of the TWiT Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of TWiT.

Limitation on Liability

IN NO EVENT WILL TWiT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TWiT SERVICES, EVEN IF TWiT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TWiT' 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 TWiT FOR THE TWiT SERVICES DURING THE TERM OF YOUR USE OF THE TWiT SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF TWiT' ACTS OR OMISSIONS OR YOUR USE OF TWiT SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF THE TWiT SERVICES.

U.S. Export Controls

Software available in connection with the TWiT Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the TWiT Services or otherwise exported or re - exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Arbitration Agreement

(1) TWiT, including its TWiT Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and TWiT may have against the other that arise out of or relate to the TWiT Services and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the "Arbitration Agreement") and the scope or applicability of this Arbitration Agreement (collectively, "Disputes"), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and TWiT agrees to give up the right to sue in court. Each of you and TWiT also agrees to give up the right to have Disputes heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and TWiT (see paragraph 9 of this Arbitration Agreement below). The only exceptions to this Arbitration Agreement are that (i) each of you and TWiT retains the right to sue in small claims court and (ii) each of you and TWiT may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.

(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.

(3) Any arbitration between you and TWiT will be conducted by the American Arbitration Association (the "AAA") and will be governed by the AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Agreement.

(4) If either you or TWiT wants to arbitrate a Dispute, you or TWiT must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the TWiT Service to which the Notice relates, and the relief requested. Your Notice to TWiT must be sent by mail to Arbitration Notice of Dispute, Legal and Business Affairs, PO Box 1018, Petaluma, CA, 94953. TWiT will send any Notice to you at the contact information we have for you or that you provide. It is the sender's responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. If you and we do not resolve the Dispute within those first 45 days, either you or we may initiate arbitration in accordance with the rules and procedures provided for by the AAA. A form for initiating formal arbitration may be found on the AAA's website at www.adr.org ("Arbitration Form"). In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to the TWiT at the address listed above to which you sent your Notice of Dispute.

(5) AAA charges fees to conduct arbitrations. Ordinarily, the claimant has to pay that fee to start a case, but if you wish to commence an arbitration against TWiT, and you are seeking to recover less than $10,000 (inclusive of attorneys' fees), you will not have to pay this filing fee; TWiT will pay it on your behalf. If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by AAA, but TWiT will reimburse that fee if you win the arbitration.

(6) If you are seeking to recover $10,000 or less, AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only. Either you or we may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither you nor we request one, TWiT will pay the arbitrator's fees associated with the hearing. If the claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the AAA Rules.

(7) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

(8) Each of you and TWiT may incur attorneys' fees during the arbitration. In addition to whatever rights you may have to recover your attorneys' fees under Applicable Law, if you prevail in the arbitration, and if TWiT failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than TWiT's highest settlement offer to resolve the Dispute, then TWiT will pay your reasonable attorneys' fees in addition to the amount the arbitrator awarded. If TWiT wins the arbitration, you will be responsible for your own attorneys' fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a Dispute or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides' arbitration fees and may order the losing party to pay the winning party&rsquo's reasonable attorneys' fees, unless such an award of fees is prohibited by Applicable Law.

(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order TWiT to pay any monies to or take any actions with respect to persons other than you, unless TWiT explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND TWiT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless TWiT agrees, the arbitrator may not consolidate other persons' claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against TWiT must be pursued, will remain in effect.

(10) You and TWiT agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator's decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

Disputes

This Agreement will be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and TWiT agree to submit to the exclusive jurisdiction of the courts located in Santa Rosa, California to resolve any dispute arising out of this Agreement or the TWiT Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS - CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE TWiT SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Indemnity

You agree to indemnify and hold TWiT, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or the TWiT Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the TWiT Services.

Unsolicited Submissions

TWiT does not knowingly accept, via the TWiT Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. TWiT's policy is to simply delete any such submission without reading it or forwarding it to other TWiT staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any TWiT or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to TWiT via the TWiT Services (including but not limited to any public forum), however, such submissions and copyright become the property of TWiT and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as TWiT sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against TWiT or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Employment Opportunities

TWiT may, from time to time, post TWiT employment opportunities on the TWiT Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to TWiT in response to employment listings, you are authorizing TWiT to utilize this information for all lawful and legitimate hiring and employment purposes. TWiT also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the TWiT Services will constitute a promise by TWiT to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the TWiT Services constitute a promise that TWiT will review any or all of the information submitted to it by users of the TWiT Services.

Trademarks

TWiT, The Tech Guy, and the TWiT logo are trademarks of Leo Laporte and TWiT.tv. All other trademarks, service marks and trade names used in the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of TWiT or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.

©TWiT, LLC All rights reserved.

Other

The failure of TWiT to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices TWiT may be required by Applicable Law to send to you will be effective upon TWiT's sending an e-mail message to the e-mail address you have on file with TWiT or publishing such notices on the informational page(s) of TWiT Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TWiT as a result of this Agreement or your use of the TWiT Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Agreement limits TWiT's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TWiT Services or information provided to or gathered by us in connection with such use.

Please contact us at: info@twit.tv, Subject: Question Regarding Terms of Use with any questions regarding this Agreement.