Terms & Conditions & User Agreement
1. These Terms & Conditions & User Agreement (also herein, “Terms and Conditions”, “terms and conditions”, “Agreement” or “agreement”) set forth how Studio Jigowatt LLC (dba SwitchPod) (also herein, the “Company”, “we”, “us” or “our”), including our legal successors and assigns, and you, the user (also herein, “you”, “your”, “user”, “User”, “member” or “Member”, that also here and elsewhere may be referred to as “visitor”, “subscriber”, “customer”, “VIP”, “affiliate” or “Affiliate”), agree to respect each other and each other’s property while and after you are using our website, pages and other information published through www.switchpod.co. By accessing this website, we assume you accept these terms and conditions. Do not continue to access or use any of the above identified websites or pages if you do not agree to take all of the terms and conditions stated on this page.
3. License: Unless otherwise stated, we and/or our affiliates or licensors own the intellectual property rights for all material on our website. All intellectual property rights are reserved. You may access this from our website for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. We do not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Company and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Company shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Company reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You hereby grant Company a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
4. Copyright & Trademark Notice: Unless otherwise specified in writing, all materials and content appearing on this site and otherwise used in Company’s business, including any text, page or site designs, names, trade names, trademarks, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for browsing or shopping on this site or for placing an order through this site and for no other purpose. No materials or content from this site or the Company may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.
5. Trade Disclosures: This website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this website or its content, please contact us using the following email address: email@example.com. The Company may sometimes accepts forms of cash advertising, direct sponsorship, affiliate sponsorship, paid insertions, or other forms of compensation. We abide by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in our website and its content. Other than what is obviously advertising, if certain content is paid or directly sponsored, then we here pledge our best efforts to clearly identify or label it as such. The Company is sometimes compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts, advertisements or other content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on any blog, guest post or in any form of comments on our website are purely that person’s own opinion and not that of the Company. If you are interested in any product or service on our site that is not offered directly to you by the Company, you agree to verify any product claim, statistic, quote or other representation about such product or service with the manufacturer, provider or third party in question.
6. Third Party Services: Certain Membership Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content and/or materials (“Third-Party Services”). Licensor does not control any Third-Party Services. Licensor makes no claim or representation regarding the Third Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services. There is no implied affiliation, endorsement, or adoption by the Licensor of these Third-Party Services and Licensor shall not be responsible for any content provided on or through these Third-Party Services.
7. Refunds and Returns: Except as otherwise agreed by the parties in writing, the Company’s refund and/or return policy for the products and/or services it provides to you is as set forth in this Section. The Company may provide a different refund/return policy in its marketing materials for each of its products and/or services that it sells and/or provides to you, including that no refund or return may be available for a certain Company product or service, and these policies may change looking forward at any time at the Company’s sole discretion. You agree to make any requests for any available refunds or returns before or on any applicable deadline by email at the following address: firstname.lastname@example.org. Prior to issuing or processing any form of refund and/or return that may be available, at Company’s sole discretion, it may require you to certify with it in writing that you already have fully completed and fulfilled your obligation hereunder to thoroughly search for, and to permanently delete and destroy, all of the digital or electronic Company-provided documents or materials, and to return (only at the Company’s sole discretion: and/or destroy) all physical Company documents or materials that are in your possession, including without limitation any or all copies or printouts you may have made of any Company documents or materials. You agree to make any such returns at your sole expense, with their arrival at the Company to be made prior to or on any refund deadline, without any material waste or breakage; the Company may await the safe arrival of your return before issuing any refund. Also, prior to issuing any form of refund and/or return that may be available, at Company’s sole discretion, it may require that you re-certify and pledge to continue to uphold your obligations under these Terms and Conditions and under any other agreement you have made with the Company, the terms and provisions of all of which shall continue to apply to the parties hereof and continue as valid and binding agreements, including after any such refund or return is completed, for the longer period of (i) the longest period available under applicable law, or (ii) thirty-five years after the date of your request for a refund and/or return. Company shall not be liable for any untimely or improper refund or return requests, or for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether or not Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of these terms and conditions, use or misuse of our materials or content, or other performance of services hereunder. Any breach by you of this Agreement shall immediately and completely disqualify you as to any refund that may have been available to you immediately prior to such breach. You agree and acknowledge that all of these terms and conditions are fair, equitable and reasonable to both parties, including without limitation the provisions of this Section.
10. Entire Agreement: This Agreement constitutes the entire understanding between Member and Licensor with respect to any and all use of the Membership Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the relationship between Member and Licensor.
11. Severability and Interpretation: Whenever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity, vagueness or applicability of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.
12. Survival: All obligations of the parties hereto contained in this agreement shall survive the expiration or termination of this agreement.
13. Dispute Resolution: In case of a dispute between Member and Licensor relating to or arising out of this Agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Member and Licensor shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW section of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add any party, vary the provisions of this Agreement, aware punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal and state law of California. Member and Licensor hereby agree to each pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual Property claims by Licensor will not be subject to arbitration and may, as an exception to this subpart, be litigated. Member and Licensor, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
14. Governing Law: This Agreement shall be governed by and construed in accordance with the internal laws of California without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in San Diego County.
15. Counterparts: This agreement, and any other agreements we may enter into with you later, may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. You understand and agree that your accessing and using the information on this website constitutes your complete assent, and, as applicable, the assent of the company, group or organization you represent, to all of these terms and conditions, which shall be considered valid, binding and effective for all purposes.
16. Headings and Interpretation: The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement. The parties agree that no provision of this agreement shall be interpreted against the drafting party because of its being the drafter of it.
17. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each a “Notice”) shall be in writing and addressed to the Licensor and Member. All Notices from Licensor to Member relating to this Agreement will be sent to the email address Member provided to Licensor. Any Notices from Member to Licensor relating to this Agreement, must be sent to the following email address: email@example.com. A Notice is only effective if (i) the receiving party has received the Notice and (ii) the party giving the Notice has complied with the requirements of this section.