These Terms of Use are effective on January 1, 2015.
By accessing or using the ThePipeTool website, the ThePipeTool service, or any applications (including
mobile applications) made available by ThePipeTool (together, ThePipeTool), however accessed, you
agree to be bound by these terms of use ("Terms of Use"). ThePipeTool is owned or controlled by
ThePipeTool, LLC ("ThePipeTool"). These Terms of Use affect your legal rights and obligations. If you do
not agree to be bound by all of these Terms of Use, do not access or use ThePipeTool.
There may be times when we offer a special feature that has its own terms and conditions that apply in
addition to these Terms of Use. In those cases, the terms specific to the special feature control to the
extent there is a conflict with these Terms of Use.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES
DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND
THEPIPETOOL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR
RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Basic Terms
1. You must be at least 18 years old to use ThePipeTool.
2. You may not post content deemed to be inappropriate by the moderators or developers of
ThePipeTool at any time, including but not limited to any non-Pipe related content.
3. You are responsible for any activity that occurs through your account and you agree that you
bear responsibility for any activity occurring through that account should you permit another
user to access it. You also represent that all information you provide or provided to ThePipeTool
upon registration and at all other times will be true, accurate, current and complete and you
agree to update your information as necessary to maintain its truth and accuracy.
4. You agree that you will not solicit, collect or use the login credentials of other ThePipeTool
users.
5. You are responsible for keeping your password secret and secure.
6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or
entities and you must not post private or confidential information via ThePipeTool, including,
without limitation, your or any other person's credit card information, social security or
alternate national identity numbers, non-public phone numbers or non-public email addresses.
7. You may not use ThePipeTool for any illegal or unauthorized purpose. You agree to comply with
all laws, rules and regulations (for example, federal, state, local and provincial) applicable to
your use of ThePipeTool and your Content (defined below), including but not limited to,
copyright laws.
8. You are solely responsible for your conduct and any data, text, files, information, usernames,
images, and other content or materials (collectively, "Content") that you submit, post or display
on or via ThePipeTool.
9. You must not change, modify, adapt or alter ThePipeTool or change, modify or alter another
website so as to falsely imply that it is associated with ThePipeTool.
10. You must not access ThePipeTool's private API by means other than those permitted by
ThePipeTool.
11. You must not create or submit unwanted email, comments, likes or other forms of commercial
or harassing communications (a/k/a "spam") to any ThePipeTool users.
12. You must not interfere or disrupt ThePipeTool or servers or networks connected to ThePipeTool,
including by transmitting any worms, viruses, spyware, malware or any other code of a
destructive or disruptive nature. You may not inject content or code or otherwise alter or
interfere with the way any ThePipeTool page is rendered or displayed in a user's browser or
device.
13. You must not create accounts with ThePipeTool through unauthorized means, including but not
limited to, by using an automated device, script, bot, spider, crawler or scraper.
14. You must not attempt to restrict another user from using or enjoying ThePipeTool and you must
not encourage or facilitate violations of these Terms of Use or any other ThePipeTool terms.
15. Violation of these Terms of Use may, in ThePipeTool's sole discretion, result in termination of
your ThePipeTool account. You understand and agree that ThePipeTool cannot and will not be
responsible for the Content posted on ThePipeTool and you use ThePipeTool at your own risk. If
you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal
exposure for ThePipeTool, we can stop providing all or part of ThePipeTool to you.
General Conditions
1. We reserve the right to modify or terminate ThePipeTool or your access to ThePipeTool for any
reason, without notice, at any time, and without liability to you. You can deactivate your
ThePipeTool account by logging into ThePipeTool and following the instructions in your Profile
to do so. If we terminate your access to ThePipeTool or you use the method detailed above to
deactivate your account, your Content will no longer be accessible through your account (e.g.,
users will not be able to navigate to your username and view your information), but those
materials and data may persist and appear within ThePipeTool.
2. Upon termination, all licenses and other rights granted to you in these Terms of Use will
immediately cease.
3. We reserve the right, in our sole discretion, to change these Terms of Use from time to time.
Unless we make a change for legal or administrative reasons, we will provide reasonable
advance notice before the Updated Terms become effective. You agree that we may notify you
of the Updated Terms by posting them on ThePipeTool, and that your use of ThePipeTool after
the effective date of the Terms of Use (or engaging in such other conduct as we may reasonably
specify) constitutes your agreement to the Terms of Use. Therefore, you should review these
Terms of Use and any Updated Terms before using ThePipeTool. The Updated Terms will be
effective as of the time of posting, or such later date as may be specified in the Updated Terms,
and will apply to your use of ThePipeTool from that point forward. These Terms of Use will
govern any disputes arising before the effective date of the Updated Terms.
4. We reserve the right to refuse access to ThePipeTool to anyone for any reason at any time.
5. We reserve the right to force forfeiture of any username for any reason.
6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts
containing Content that we determine in our sole discretion violates these Terms of Use.
7. You are solely responsible for your interaction with other users of ThePipeTool, whether online
or offline. You agree that ThePipeTool is not responsible or liable for the conduct of any user.
ThePipeTool reserves the right, but has no obligation, to monitor or become involved in disputes
between you and other users. Exercise common sense and your best judgment when interacting
with others, including when you submit or post Content or any personal or other information.
8. There may be links from ThePipeTool, or from communications you receive from ThePipeTool,
to third-party web sites or features. There may also be links to third-party web sites or features
in images or comments within ThePipeTool. ThePipeTool also includes third-party content that
we do not control, maintain or endorse. Functionality on ThePipeTool may also permit
interactions between ThePipeTool and a third-party web site or feature, including applications
that connect ThePipeTool or your profile on ThePipeTool with a third-party web site or feature.
For example, ThePipeTool may include a feature that enables you to share Content from
ThePipeTool or your Content with a third party, which may be publicly posted on that third
party's service or application. Using this functionality typically requires you to login to your
account on the third-party service and you do so at your own risk. ThePipeTool does not control
any of these third-party web services or any of their content. You expressly acknowledge and
agree that ThePipeTool is in no way responsible or liable for any such third-party services or
features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND
THROUGH THEPIPETOOL ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at
your sole and absolute discretion and risk, to use applications that connect ThePipeTool or your
profile on ThePipeTool with a third-party service (each, an "Application") and such Application
may interact with, connect to or gather and/or pull information from and to your Service profile.
By using such Applications, you acknowledge and agree to the following: (i) if you use an
Application to share information, you are consenting to information about your profile on
ThePipeTool being shared; (ii) your use of an Application may cause personally identifying
information to be publicly disclosed and/or associated with you, even if ThePipeTool has not
itself provided such information; and (iii) your use of an Application is at your own option and
risk, and you will hold the ThePipeTool Parties (defined below) harmless for activity related to
the Application.
9. You agree that you are responsible for all data charges you incur through use of ThePipeTool.
10. We prohibit crawling, scraping, caching or otherwise accessing any content on ThePipeTool via
automated means, including but not limited to, user profiles and photos (except as may be the
result of standard search engine protocols or technologies used by a search engine with
ThePipeTool's express consent).
Rights
1. ThePipeTool does not claim ownership of any Content that you post on or through ThePipeTool.
Instead, you hereby grant to ThePipeTool a non-exclusive, fully paid and royalty-free,
transferable, sub-licensable, worldwide license to use the Content that you post on or through
ThePipeTool, including but not limited to the sharing of information at our discretion.
2. Some of ThePipeTool is supported by advertising revenue and may display advertisements and
promotions, and you hereby agree that ThePipeTool may place such advertising and promotions
on ThePipeTool or on, about, or in conjunction with your Content. The manner, mode and
extent of such advertising and promotions are subject to change without specific notice to you.
3. You acknowledge that we may not always identify paid services, sponsored content, or
commercial communications as such.
4. You represent and warrant that: (i) you own the Content posted by you on or through
ThePipeTool or otherwise have the right to grant the rights and licenses set forth in these Terms
of Use; (ii) the posting and use of your Content on or through ThePipeTool does not violate,
misappropriate or infringe on the rights of any third party, including, without limitation, privacy
rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you
agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on
or through ThePipeTool; and (iv) you have the legal right and capacity to enter into these Terms
of Use in your jurisdiction.
5. ThePipeTool contains content owned or licensed by ThePipeTool ("ThePipeTool Content").
ThePipeTool Content is protected by copyright, trademark, patent, trade secret and other laws,
and, as between you and ThePipeTool, ThePipeTool owns and retains all rights in the
ThePipeTool Content and ThePipeTool. You will not remove, alter or conceal any copyright,
trademark, service mark or other proprietary rights notices incorporated in or accompanying the
ThePipeTool Content and you will not reproduce, modify, adapt, prepare derivative works based
on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit
the ThePipeTool Content.
6. The ThePipeTool name and logo are trademarks of ThePipeTool, and may not be copied,
imitated or used, in whole or in part, without the prior written permission of ThePipeTool,
except with the express written permission of the owner of the website. In addition, all page
headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade
dress of ThePipeTool, and may not be copied, imitated or used, in whole or in part, without prior
written permission from ThePipeTool.
7. Although it is ThePipeTool's intention for ThePipeTool to be available as much as possible, there
will be occasions when ThePipeTool may be interrupted, including, without limitation, for
scheduled maintenance or upgrades, for emergency repairs, or due to failure of
telecommunications links and/or equipment. Also, ThePipeTool reserves the right to remove
any Content from ThePipeTool for any reason, without prior notice. Content removed from
ThePipeTool may continue to be stored by ThePipeTool, including, without limitation, in order to
comply with certain legal obligations, but may not be retrievable without a valid court order.
Consequently, ThePipeTool encourages you to maintain your own backup of your Content. In
other words, ThePipeTool is not a backup service and you agree that you will not rely on
ThePipeTool for the purposes of Content backup or storage. ThePipeTool will not be liable to
you for any modification, suspension, or discontinuation of ThePipeTools, or the loss of any
Content. You also acknowledge that the Internet may be subject to breaches of security and that
the submission of Content or other information may not be secure.
8. You agree that ThePipeTool is not responsible for, and does not endorse, Content posted within
ThePipeTool. ThePipeTool does not have any obligation to prescreen, monitor, edit, or remove
any Content. If your Content violates these Terms of Use, you may bear legal responsibility for
that Content.
9. Except as otherwise described herein, ThePipeTool's Privacy Policy, as between you and
ThePipeTool, any Content will be non-confidential and non-proprietary and we will not be liable
for any use or disclosure of Content. You acknowledge and agree that your relationship with
ThePipeTool is not a confidential, fiduciary, or other type of special relationship, and that your
decision to submit any Content does not place ThePipeTool in a position that is any different
from the position held by members of the general public, including with regard to your Content.
None of your Content will be subject to any obligation of confidence on the part of ThePipeTool,
and ThePipeTool will not be liable for any use or disclosure of any Content you provide.
10. It is ThePipeTool's policy not to accept or consider content, information, ideas, suggestions or
other materials other than those we have specifically requested and to which certain specific
terms, conditions and requirements may apply. This is to avoid any misunderstandings if your
ideas are similar to those we have developed or are developing independently. Accordingly,
ThePipeTool does not accept unsolicited materials or ideas, and takes no responsibility for any
materials or ideas so transmitted. If, despite our policy, you choose to send us content,
information, ideas, suggestions, or other materials, you further agree that ThePipeTool is free to
use any such content, information, ideas, suggestions or other materials, for any purposes
whatsoever, including, without limitation, developing and marketing products and services,
without any liability or payment of any kind to you.
Disclaimer of Warranties
THEPIPETOOL, INCLUDING, WITHOUT LIMITATION, THEPIPETOOL CONTENT, IS PROVIDED ON AN "AS IS",
"AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
NEITHER THEPIPETOOL NOR ITS OWNER NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR
AGENTS (COLLECTIVELY, THE "THEPIPETOOL PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES
OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THEPIPETOOL; (B)
THE THEPIPETOOL CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE
TRANSMISSION OF INFORMATION TO THEPIPETOOL OR VIA THEPIPETOOL. IN ADDITION, THE
THEPIPETOOL PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM
FROM COMPUTER VIRUS.
THE THEPIPETOOL PARTIES DO NOT REPRESENT OR WARRANT THAT THEPIPETOOL WILL BE ERROR-FREE
OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THEPIPETOOL OR THE SERVER THAT
MAKES THEPIPETOOL AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT
LIMITATION, VIRUSES. THE THEPIPETOOL PARTIES DO NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THEPIPETOOL IS
ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THEPIPETOOL IS AT YOUR
SOLE RISK. THE THEPIPETOOL PARTIES DO NOT WARRANT THAT YOUR USE OF THEPIPETOOL IS LAWFUL
IN ANY PARTICULAR JURISDICTION, AND THE THEPIPETOOL PARTIES SPECIFICALLY DISCLAIM SUCH
WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER
WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH
JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THEPIPETOOL YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE
LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THEPIPETOOL.
THE THEPIPETOOL PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY
RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND
OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE THEPIPETOOL PARTIES BE LIABLE TO YOU FOR ANY LOSS OR
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC,
EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE
DIRECTLY OR INDIRECTLY RELATED TO: (A) THEPIPETOOL; (B) THE THEPIPETOOL CONTENT; (C) USER
CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THEPIPETOOL; (E) ANY
ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE THEPIPETOOL PARTIES OR LAW
ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THEPIPETOOL; (F) ANY
ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G)
ANY ERRORS OR OMISSIONS IN THEPIPETOOL'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S
COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT
LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE
OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF
THE THEPIPETOOL PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT
(INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS
OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THEPIPETOOL). IN NO EVENT
WILL THE THEPIPETOOL PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY,
INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE THEPIPETOOL PARTIES TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES
DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF
THEPIPETOOL'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE
OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE,
SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE THEPIPETOOL
PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION,
DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT,
SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE THEPIPETOOL PARTIES.
BY ACCESSING THEPIPETOOL, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT
TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH
WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY
WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF
ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
THEPIPETOOL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD
PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY
CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification
You (and also any third party for whom you operate an account or activity on ThePipeTool) agree to
defend (at ThePipeTool's request), indemnify and hold the ThePipeTool Parties harmless from and
against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable
attorney's fees and costs, arising out of or in any way connected with any of the following (including as a
result of your direct activities on ThePipeTool or those conducted on your behalf): (i) your Content or
your access to or use of ThePipeTool; (ii) your breach or alleged breach of these Terms of Use; (iii) your
violation of any third-party right, including without limitation, any intellectual property right, publicity,
confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes,
statutes, ordinances or orders of any governmental and quasi-governmental authorities, including,
without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation
made by you. You will cooperate as fully required by ThePipeTool in the defense of any claim.
ThePipeTool reserves the right to assume the exclusive defense and control of any matter subject to
indemnification by you, and you will not in any event settle any claim without the prior written consent
of ThePipeTool.
Arbitration
You agree that all disputes between you and ThePipeTool (whether or not such dispute involves a third
party) with regard to your relationship with ThePipeTool, including without limitation disputes related to
these Terms of Use, your use of ThePipeTool, and/or rights of privacy and/or publicity, will be resolved
by binding, individual arbitration under the American Arbitration Association's rules for arbitration of
consumer-related disputes and you and ThePipeTool hereby expressly waive trial by jury. As an
alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims
court's rules. You may bring claims only on your own behalf. Neither you nor ThePipeTool will
participate in a class action or class-wide arbitration for any claims covered by this agreement. You also
agree not to participate in claims brought in a private attorney general or representative capacity, or
consolidated claims involving another person's account, if ThePipeTool is a party to the proceeding. This
dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American
Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160)
days of filing the case, then either ThePipeTool or you can elect to have the arbitration administered
instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the
arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law
notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that
conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor ThePipeTool can require
the other to participate in an arbitration proceeding. To opt out, you must notify ThePipeTool in writing
within 30 days of the date that you first became subject to this arbitration provision. You must contact
the owners through the website should you wish to opt out of arbitration.
You must include your name and residence address, the email address you use for your ThePipeTool
account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained
above is found to be unenforceable, then all of the preceding language in this Arbitration section will be
null and void. This arbitration agreement will survive the termination of your relationship with
ThePipeTool.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with ThePipeTool
must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
These Terms of Use are governed by and construed in accordance with the laws of the State of Texas,
without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY
THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF
OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these
Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to
resolve any dispute you have with ThePipeTool exclusively in a state or federal court located in Austin,
Texas, and to submit to the personal jurisdiction of the courts located in Travis County for the purpose
of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable
during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable
from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.
ThePipeTool's failure to insist upon or enforce strict performance of any provision of these Terms will
not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a
further or continuing waiver of such term or condition or any other term or condition. ThePipeTool
reserves the right to change this dispute resolution provision, but any such changes will not apply to
disputes arising before the effective date of the amendment. This dispute resolution provision will
survive the termination of any or all of your transactions with ThePipeTool.
Entire Agreement
If you are using ThePipeTool on behalf of a legal entity, you represent that you are authorized to enter
into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement
between you and ThePipeTool and governs your use of ThePipeTool, superseding any prior agreements
between you and ThePipeTool. You will not assign the Terms of Use or assign any rights or delegate any
obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior
written consent of ThePipeTool. Any purported assignment or delegation by you without the
appropriate prior written consent of ThePipeTool will be null and void. ThePipeTool may assign these
Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is
found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties
nevertheless agree that such portion will be deemed severable from these Terms of Use and will not
affect the validity and enforceability of the remaining provisions, and the remaining provisions of the
Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor
trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party
beneficiary rights.
Territorial Restrictions
The information provided within ThePipeTool is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject ThePipeTool to any registration requirement within such jurisdiction
or country. We reserve the right to limit the availability of ThePipeTool or any portion of ThePipeTool, to
any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the
quantities of any content, program, product, service or other feature that ThePipeTool provides.
Software related to or made available by ThePipeTool may be subject to United States export controls.
Thus, no software from ThePipeTool may be downloaded, exported or re-exported: (a) into (or to a
national or resident of) any country to which the United States 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 any software related to ThePipeTool, 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.
The effective date of these Terms of Use is January 1, 2015. These Terms of Use were written in English
(US). To the extent any translated version of these Terms of Use conflicts with the English version, the
English version controls.