This Debate.org Internet Website User Agreement ("Agreement") is between you and Debate.org, doing business as Juggle, LLC. ("Juggle"), with a principal place of business in Swansea, IL, United States of America. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Debate.org Services. By using the Debate.org Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Debate.org Website) or you are a "Member" (which means that you have registered with Debate.org). The term "User" refers to a Visitor or a Member. You are only authorized to use the Debate.org Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Use of the Debate.org Internet Website (the "Debate.org Website" and "Website") signifies your agreement to the terms and conditions of use set forth below in this Agreement: 1. Use of Website Conditioned upon Agreement. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE DEBATE.ORG WEBSITE. (Your failure to read this Agreement will not excuse you from its terms and conditions of use.) Please read this Agreement carefully and save it. If you wish to become a Member, communicate with other Members and make use of the Debate.org Services, you must read this Agreement and indicate your acceptance during the Registration process.
If you do not agree to these terms and conditions of use, you may not access or otherwise use the Website. By using the Website, you acknowledge that you have read this Agreement and that you agree to be contractually bound by it.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by Juggle from time to time, such modifications to be effective upon posting by Juggle on the Website. This Agreement includes Juggle's Acceptable Use Policy, Content Posted, and Code of Conduct on the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
By using the Debate.org Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are under the age of 18 you have permission from your legal guardian to utilize Debate.org Services. (d) Your use of the Debate.org Services does not violate any applicable law or regulation. (e) Your profile may be deleted and your Membership may be terminated without warning, if we believe you are not "eligible" to utilize the site's services.
This Agreement shall remain in full force and effect while you use the Debate.org Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Debate.org may terminate your Membership at any time, without warning.
By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
You agree to use the Debate.org's service in accordance with the following content posted and code of conduct guidelines:
You acknowledge and agree that the Service uses and contains proprietary and confidential technology and information owned by or licensed to Juggle, and protected by applicable intellectual property and other laws and international treaties. You are not granted any right or license with respect to the trademarks of Debate.org, Juggle, or any third-party. You further acknowledge and agree that Content contained in sponsor advertisements or displayed, streamed, or otherwise made available through the Service may be protected by applicable intellectual property and other laws and international treaties. All material you post on Debate.org, including debate arguments, comments, forums, profiles, pictures, and messages becomes the property of Debate.org, and you waive all claims of ownership for said property.
You are solely responsible for your interaction with other Debate.org Members or users, whether online or offline. Juggle reserves the right, but has no obligation, to monitor disputes between you and other Members or users. If you have a dispute with one or more Members or users, you release Debate.org and Juggle (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code P1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
As explained herein, use of the Site and Service is also governed by our "Privacy Statement".
The Service (including any software contained therein) is provided "AS-IS." Any use of the Service is at your own risk. To the maximum extent permitted by applicable law, Juggle expressly disclaims all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Juggle makes no representation or guarantee that the Service will be free from loss, damage, destruction, corruption, interference, viruses, worms, bugs, Trojan horses, attacks, hacking, or other security breaches; and Juggle disclaims any liability relating thereto. Juggle cannot guarantee and does not promise any specific results from use of the Service or Internet. You are solely responsible for creating and maintaining your own personal backup of any of your Content Uploaded to Debate.org.
The Service may be unavailable from time to time for maintenance or other reasons. Under no circumstances shall Juggle be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in performance. Without limiting the foregoing, Juggle shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, or line, computer online system, server or provider, computer or other equipment, email, media player, or other software or hardware - whether resulting from technical problems, traffic congestion on the Internet or at any Website or combination thereof, or any other reason. Juggle shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond Juggle's reasonable control, including without limitation other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of Third-Parties, or loss of or fluctuations in heating, lighting, or air conditioning. Juggle shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly from participation in the Service, from accessing or using Content or other materials in connection with the Service, and/or from any other reason set forth herein. Without prior notice, Juggle may modify, suspend, or discontinue any part of the Service (including any Content) or your use of them; and in the event Juggle does so, it will not be liable to you or any third-party.
You acknowledge that your Uploading of any Content to Debate.org is done at your own risk. Juggle shall not be held liable for any loss, damage, or injury relating to such Content in any way. Juggle shall not be held liable for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users, Members, or any equipment or programming associated with or used in the Service. Juggle shall not be held liable for the conduct of any Member or user. Under no circumstances shall Juggle be held liable for any loss, damage, or injury, including without limitation personal injury or death, resulting from any use of the Service, any Content posted on the Service or transmitted to Members, or any interaction between Members or users, whether online or offline.
Some of the Content, products, and services available through the Service may include materials belonging to Third-Parties. Juggle or its partners may present advertisements or promotional content on or through the Service. Juggle has no control over and does not warrant, endorse, guarantee, or assume liability for any Content, product, or service that is advertised, promoted, or offered by a third-party through the Service or any hyperlinked Website, or featured in any banner or other advertising. Your dealings with, or participation in promotions of, any third-party advertiser on or through the Service are solely between you and the third-party. You agree that Juggle shall not be held liable, directly or indirectly, for any loss, damage, or injury of any kind incurred as a result of any such dealings or the presence of such Third-Parties on the Service. As when dealing with any product or service provider, you should use your best judgment and exercise caution as appropriate.
Juggle reserves the right, in its sole discretion, to modify, delete, or otherwise change a Member's username, URL address, content, or account with or without notice, at any time, and without liability. Juggle reserves the right to use profile pictures, user names, and/or URL addresses of Members on the Site, including without limitation on our "Join" page, "Home" page, "Member" page or in emails in connection with advertisements and promotion of Debate.org. Juggle also reserves the right to use any uploaded photos, usernames, URL addresses, or account information on any additional domain names that reflect a similar debating environment.
IN NO EVENT SHALL Juggle BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, CORRUPTION OF DATA, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS ARISING FROM YOUR USE OF THE SITE OR SERVICE, EVEN IF Juggle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Juggle OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND NEITHER YOU NOR ANY THIRD-PARTY MAY RELY ON ANY SUCH ADVICE OR INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE THAT Juggle SHALL NOT BE LIABLE FOR CONTENT UPLOADED BY MEMBERS OR USERS, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER, USER, OR OTHER THIRD-PARTY, AND YOU BEAR THE ENTIRE RISK OF DAMAGE OR HARM FROM THE FOREGOING. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO LIMITATIONS AND EXCLUSIONS HEREIN MAY OR MAY NOT BE APPLICABLE TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Juggle'S ENTIRE LIABILITY TO YOU FOR ANY CAUSE OR ACTION WHATSOEVER, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Juggle FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Juggle, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES FROM ANY CLAIM, SUIT, ACTION, DEMAND, LOSS, AND DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, COSTS, AND EXPENSES, MADE OR INCURRED BY ANY THIRD-PARTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, ANY CONTENT THAT YOU UPLOAD, YOUR USE OF CONTENT ACCESSED FROM THE SITE OR SERVICE, YOUR VIOLATION OF THIS AGREEMENT, AND/OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS.
By visiting the Site and/or Service, you agree that the laws of the United States and the State of Illinois, without regard to principle conflict of laws, will govern these Terms of Use and any dispute that may arise between you and the Company or our affiliates.
Juggle may provide you with notices, including without limitation notices regarding changes to the Agreement, by email, regular mail, or postings on the Service. Unless the notice states otherwise, it will become effective immediately.
To the extent that software used in connection with the Service ("Software") is subject to U.S. export controls, it may not be downloaded from the Service or otherwise exported or re-exported: (A) into, or to a national or resident of, Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
This Agreement (including all Debate.org policies, guidelines, rules, and notices incorporated by reference herein) represents the complete and exclusive statement of the agreement between Juggle and you regarding the use of the Debate.org Site or Service; and it supersedes any prior proposal, oral or written agreement, and any other communications between Juggle and you relating to the subject matter of this Agreement. Any failure of Juggle to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of the Agreement shall continue in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Unless expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You understand that meeting new people, by whatever method or means, always requires taking normal precautions you should otherwise follow in establishing new relationships. Those may include, but are not limited to, meeting in public places, checking with mutual friends, free or fee-based internet background checks or searches, and otherwise using common sense about protecting yourself and your property. You understand that you are responsible for protecting yourself and your personal and financial information, that you are not entrusting that responsibility to anyone else, and that you understand that nothing on Debate.org is designed to or should be expected to do any of that for you.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Debate.org immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
If you have any questions about this User Agreement, the practices of this site, or your dealings with the Debate.org website, you can contact:
Juggle, LLC
#33 Bronze Pointe
Suite 150
Swansea, IL 62226, USA