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Effective Date: April 2nd, 2024
These Website Terms of Use (“Terms”) govern your use of any websites owned or operated by Throughput Agency (“Throughput Agency,” “we” or “us”) that directly link to these terms, including the website currently located at throughput.agency or https://devheads.io , as well any Discord servers we make available to you through the respective website (together with all features, functionality, tools available on or through the website, the “Website”).
READ THESE TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH THE SERVICES, INCLUDING AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER SECTION 10 BELOW.
Please read these Terms carefully before you access and use the Website. BY ACCESSING AND USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. If you do not want to agree to these Terms, you must (i) not access or use the Website or (ii) discontinue any access or use of the Website. Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Website, and may subject you to civil and criminal penalties.
Throughput Agency reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice. All changes are effective immediately when we post them and apply to your access and use of the Website thereafter. If we choose to amend the Terms, we will update the effective date at the top of the Terms and post the updated version. By continuing to use the Website after we have posted an updated version of the Terms, you are affirming that you agree to be bound by the amended Terms. You are expected to check this page, so you are aware of any changes, as they are binding on you. If there are material changes to these Terms, we may also reserve the right to provide notice of said changes in other alternative manners, such as posting said changes to the Website and/or communicating said changes via e-mail or other communication channel.
Subject to your compliance with the Terms, Throughput Agency grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Website for your own personal or internal business use only, and not for resale or third-party distribution. In order to use the Website, you must have internet access, otherwise you will not be able to use some or all of the Website.
Throughput Agency reserves the right, in its sole discretion, to modify or discontinue offering the Website, or to impose limits on your use of the Website, or any features, functionality or tools thereof, in whole or in part, at any time, for any reason or no reason, with or without notice to you. You agree that Throughput Agency has no obligation to provide any updates or to continue to provide or enable any particular Website features, functionality, tools or content and, to the maximum extent permitted by applicable law, will not be liable with respect to any such modifications, discontinuance or deletions. The Website is controlled and operated within the United States and is not intended for use outside of the United States.
You are not authorized to access or use the Website if you are under 18; if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or for any other purposes that are not expressly permitted by the Terms or which violates applicable law.
Further, you may not:
Throughput Agency reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law, and to monitor and/or disable access to or use of the Website by any user.
The Website may contain links to other sites, resources and services provided by third parties and not controlled by Throughput Agency (“Third-Party Services”). These links are provided for your convenience only. We have no control over the Third-Party Resources or continued availability of Third-Party Services and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Services linked through the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Services.
A. Use of Discord and Third Party Forums: We use Third-Party Services to offer a forum of engagement and to share experiences, including Discord (collectively “Forums”). Use of discord is subject to the Discord Terms of Service (discord.com/terms).
B. User Conduct for Throughput Agency’s Forums: We reserve the right to remove you from any Forum if we determine you have breached these terms or otherwise engaged in conduct that is not condoned by Throughput Agency. Without limiting the foregoing, you agree that you will not engage in any of the following activities while using Forums:
C. Data Shared Through Forums: Throughput may collect information from your discord engagement. By signing up to our Forum, you agree to our data collection. Please see our privacy policy for more information about the data we collect and how we use it.
The Website is protected by copyright, trademark, patent and other laws of the applicable jurisdiction and throughout the world. You acknowledge and agree that the Website, and all intellectual property rights therein, are the exclusive property of Throughput Agency and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website, and you may not use the trade names, logos, and other trademarks and service marks associated with Throughput Agency without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality or tools of, the Website in any form or by any means, or sublicense the rights granted in the Terms.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Throughput Agency or its licensors, except for the revocable licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved to Throughput Agency and its licensors.
If you choose to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”), you acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Throughput Agency. You hereby irrevocably transfer and assign to Throughput Agency all of your right, title, and interest in and to, and waive any moral rights you may have in, all such Feedback.
The Website may provide links to third-party websites or resources. Links to such websites or resources do not imply any endorsement by Throughput Agency of such websites or resources, or the content, products or services available on or through such websites, or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services available on or through such websites or services. We are not responsible or liable for any damage or harm resulting from your interactions with such websites or resources, or the content, products or services available on or through such websites or resources.
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, THROUGHPUT AGENCY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE THROUGHPUT AGENCY AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, THROUGHPUT AGENCY DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE. IN NO EVENT WILL THROUGHPUT AGENCY BE LIABLE FOR ANY (A) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THROUGHPUT AGENCY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THROUGHPUT AGENCY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10).
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Throughput Agency and its affiliates, licensors and service providers harmless from and against any claims, liabilities, damages, losses, costs and expenses, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with your access to or use of the Website, your breach of the Terms, or your gross negligence or willful misconduct.
These Terms shall be governed by and interpreted in accordance with the laws of Delaware without regard to conflict of law principles. All disputes, claims, controversies and matters relating to or in connection with the Terms (or the breach thereof) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Phoenix, AZ before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
11. MISCELLANEOUS
These Terms constitute the entire and exclusive understanding and agreement between you and Throughput Agency regarding your access to and use of the Website and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Throughput Agency and regarding the subject matter hereof. You may not assign, transfer, delegate, subcontract or sublicense any of your rights or obligations under the Terms. Any attempted assignment, transfer, delegation, subcontracting or sublicense without the foregoing consent will be null and void. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination. Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. If an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof. Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to [email protected] or to the physical mailing address:
3104 E Camelback Rd
Brandon Lewis
LMR Media & Marketing
Phoenix, AZ 85016
Unit #7781
If you have any questions or concerns, please contact Throughput Agency at [email protected]
Copyright ©2024 Throughput Agency Inc. All rights reserved.
