By participating in any offline Spongecell.com event, you agree to release and hold Spongecell.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Spongecell.com event.
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the member Account page. Spongecell.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to Spongecell.com. If Spongecell.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. By using the Service and by becoming a Member, you acknowledge that Spongecell.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.
IN NO EVENT SHALL SPONGECELL.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF SPONGECELL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONGECELL.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO SPONGECELL.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.
You agree to indemnify and hold Spongecell.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Spongecell.com and any Member of the Service.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Spongecell.com regarding the use of the Website and/or the Service. The failure of Spongecell.com to exercise or enforce any right or provision of this Agreement shall 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. Please contact us with any questions regarding this Agreement. Spongecell.com is a trademark of Spongecell Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.