The site, services, ISEE content and member content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, ISEE explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade.
ISEE makes no warranty that the site, services, ISEE Art content or member content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
ISEE makes no warranty regarding the quality of any works, services, content or products purchased or obtained through the site or services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the site or services. No advice or information, whether oral or written, obtained from ISEE or through the site or services, will create any warranty not expressly made herein
You agree to defend, indemnify, and hold ISEE, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the site, services, ISEE Content or Member Content, or your violation of these terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services, ISEE Content and Member Content remains with you. Neither ISEE nor any other party involved in creating, producing, or delivering the site, services, ISEE Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the site, services, ISEE Content or Member Content, or from any communications, interactions or meetings with other Members or users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not ISEE 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.
Controlling Law and Jurisdiction
These terms and any action related thereto will be governed by the laws of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these terms will be the state and federal courts located in the Southern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These terms constitute the entire and exclusive understanding and agreement between ISEE and you regarding the site and services and these terms supersede and replace any and all prior oral or written understandings or agreements between ISEE and you regarding the site and services.
You may not assign or transfer these terms, by operation of law or otherwise, without ISEE’s prior written consent. Any attempt by you to assign or transfer these terms, without such consent, will be null and of no effect. ISEE may assign or transfer these terms, at its sole discretion, without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these terms, will be in writing and given: (i) by ISEE via email (in each case to the address that you provide) or (ii) by posting to the site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of ISEE to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ISEE. Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.