– Agreement between User and itscoxy.com
Welcome to itscoxy.com. The itscoxy.com website (the “Site”) is comprised of various web pages operated by Coxy USA Inc. the Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of itscoxy.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. itscoxy.com is a video media Site.
– Children Under Thirteen
Coxy USA Inc does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use itscoxy.com only with the permission of a parent or guardian.
– Links to Third Party Sites/Third Party Services
itscoxy.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Coxy USA and Coxy USA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Coxy USA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Coxy USA of the site or any association with its operators. Certain services made available via itscoxy.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the itscoxy.com domain, you hereby acknowledge and consent that Coxy USA may share such information and data with any third party with whom Coxy USA has a contractual relationship to provide the requested product, service, or functionality on behalf of itscoxy.com users and customers.
– No Unlawful or Prohibited Use/Intellectual Property
– International Users
The Service is controlled, operated, and administered by Coxy USA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Coxy USA Content accessed through itscoxy.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Coxy USA, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Coxy USA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Coxy USA in asserting any available defenses.
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
– Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Coxy USA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
– Liability Disclaimer
– Termination/Access Restriction
Coxy USA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Coxy USA as a result of this agreement or use of the Site. Coxy USA’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Coxy USA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Coxy USA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Coxy USA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Coxy USA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
– Changes to Terms
Coxy USA reserves the right, in its sole discretion, to change the Terms under which itscoxy.com is offered. The most current version of the Terms will supersede all previous versions. Coxy USA encourages you to periodically review the Terms to stay informed of our updates.
– Contact Us
Coxy USA welcomes your questions or comments regarding the Terms:
Coxy USA Inc.
717 N La Jolla Ave
Los Angeles, CA 90046
Effective as of May 1st, 2018