Terms of Use

1. Acceptance of Terms

The webpages available at www.paia.com, and all linked pages (“Site”), are owned and operated by PAiA, and are accessed by you under the Terms of Use described below (“Terms of Use”).

Please read these terms of use carefully before using the services. By accessing this site or using any part of the site or any content or services (as each is defined below) on the site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site. Paia’s acceptance is expressly conditioned upon your assent to all of these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by paia, acceptance is expressly limited to these terms.

Modifications of Terms of Use

PAiA reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, PAiA will post a notice for 90 days on the “What’s New” page of paia.com. What constitutes a “material change” will be determined at PAiA’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

2. Description of Service

Subject to full compliance with the Terms of Use, PAiA may offer to provide certain services and content, as described more fully on the Site, (“Services”). Services shall include, but not be limited to, any service and content PAiA provides to you (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”) on the Site. PAiA may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. PAiA may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not use the Services.

3. Content Submitted or Made Available for Inclusion on PAiA.com

Content submitted, uploaded or otherwise disclosed or distributed at or on the Site or otherwise through the Services by visitors or users to the site, unless source quoted, hereby falls under the Creative Commons Public Domain License, available at https://creativecommons.org/licenses/publicdomain/

4. Copyright Complaints

PAiA respects the intellectual property of others.If you believe that your work has been copied in a way that constitues copyright infringement, please email info@paia.com.

5. PAiA Privacy Policy

PAiA’s current privacy policy is available at www.paia.com/privacy (the “Privacy Policy”), which is incorporated by this reference.

6. Warranty Disclaimers

You acknowledge that PAiA provides Content on paia.com on an “AS IS” basis with NO WARRANTY. You release PAiA from all liability for Content you have acquired through the Site. PAiA makes no representations concerning any content contained in or accessed through the Site.

The service, content, and site are provided on an “As is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

7. Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PAiA has no control over such sites and resources, you acknowledge and agree that PAiA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PAiA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

8. Limitation of Liability

In no event shall paia or its suppliers be liable under contract, tort, strict liability, negligence or other legal theory (I) with respect to the site, the service or any content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of (in the aggregate) $100 or the cost of goods sold, whichever is greater. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

9. Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind PAiA in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

PAiA shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PAiA’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

The Terms of Use is not assignable, transferable or sublicensable by you except with PAiA’s prior written consent. PAiA may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, as if made within Texas between two residents thereof, and the parties submit to the exclusive jurisdiction of the State of Texas District Court, Travis County and the United States District Court for the Western District of Texas, Austin Division. Notwithstanding the foregoing sentence, (but without limiting PAiA’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Austin, Texas using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.