Welcome, and thank you for your interest in Physics.Live (“Physics.Live” or “We” or “Us”), which operates the web site located at http://Physics.Live and, mobile applications and online services (the “Website”) are owned by Er. Savin Sindhu. The following Terms of Service are a legal contract between you (“You”) and Physics.Live (Er. Savin Sindhu) regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE Physics.Live PRIVACY NOTICE AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”).
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
Table of Contents:
1. Eligibility; Accounts.
2. Privacy Notice.
3. Modification of the Terms.
4. User Content License Grant; Representations and Warranties.
5. Copyright Act.
6. Proprietary Materials; Licenses.
7. Prohibited Conduct.
8. Third-Party Sites, Products and Services; Links.
11. Disclaimers; No Warranties.
12. Limitation of Liability and Damges, Refund Policy.
13. Miscellaneous (including Dispute Resolution and Arbitration).
1. Eligibility; Accounts. THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY Physics.Live OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent (a) that You have not been previously suspended or removed from the Website by Physics.Live; (b) that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to Your use of the Website; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
1.1 Account. In order to use certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Physics.Live, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify Physics.Live at info@Physics.Live. You may be liable for the losses incurred by Physics.Live or others due to any unauthorized use of your Website account.
1.3 Child User. If You are a User of the Website and are under the age of 18 (“Child User”), You may not register an account for the Website without consent and approval from your legal parent or guardian. A Child User that begins the registration process for himself or herself without a Parent may have the registration process restricted until a Parent approves or assumes responsibility for the Child User account. Further, in certain instances, a Child User may use our Website via one of the third party applications that integrate into or with the Website. A Child User that has registered through such external educational organizations, third party applications will only be permitted to use the Website for so long as Physics.Live reasonably believes that such access has been consented to by the Child User’s parent or guardian.
2. Privacy Notice. Your privacy is important to Physics.Live. Please read the Physics.Live Privacy Notice, hereby incorporated into the Terms, carefully for information relating to Physics.Live’s collection, use, and disclosure of Your personal information.
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3. Modification of the Terms. Physics.Live reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Physics.Live will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after Physics.Live makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
4. User Content License Grant; Representations and Warranties.
4.1 User Content. Physics.Live does not permit (a) posting and/or publishing by You and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and (b) the posting, creation, or modification by You and other users of computer code (including source code and object code) (“User Code”) (User Postings and User Code, collectively, “User Content”). You understand that whether or not such User Content is published, Physics.Live does not guarantee any confidentiality with respect to any submissions.
4.2 License Grant to Physics.Live. By posting, submitting or distributing User Content on or through the Website, You hereby grant to Physics.Live a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
4.3 License Grant to Users.
User Postings. By posting, submitting or distributing User Postings through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use your User Postings in any manner permitted or made available by Physics.Live on or through the Website.
4.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting, creating, or publishing them. You represent and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Physics.Live and Physics.Live’s Users to use and distribute your User Content as necessary to exercise the licenses granted by You in these Terms and in the manner contemplated by Physics.Live and these Terms; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
4.5 Access to Your User Content. Physics.Live may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Website users) to view. You acknowledge and agree that, although Physics.Live may provide certain features intended to allow you to restrict some User Content you create from others, Physics.Live does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Physics.Live will use reasonable efforts to notify you pursuant to Section 13.1 below. Physics.Live HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
4.6 User Content Disclaimer. You understand that when using the Website You will be exposed to User Content from a variety of sources, and that Physics.Live is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Physics.Live with respect thereto. Physics.Live does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Physics.Live expressly disclaims any and all liability in connection with User Content.
5.Copyright Act. It is Physics.Live’s policy to respond to notices of alleged copyright infringement that comply with the Copyright Act. Physics.Live will promptly terminate without notice your access to the Website if You are determined by Physics.Live to be a “repeat infringer.” A repeat infringer is a User who has been notified by Physics.Live of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Website more than twice.
6. Proprietary Materials; Licenses
6.1 Proprietary Materials. The Website is owned and operated by Physics.Live. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (the “Website Materials”) are protected by Indian and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 6, all Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to Physics.Live, and Physics.Live reserves all rights therein and thereto not expressly granted by these Terms.
6.2 Content. Physics.Live may make available on the Website certain educational videos, exercises, and related supplementary materials that are owned by Physics.Live or its third-party licensors. Physics.Live grants to you a exclusive, non-transferable right to access and use the Content as made available on the Website by Physics.Live solely for your personal, non-commercial purposes. You may not download, distribute, sell, lease, modify, or otherwise provide access to the Content to any third party.
(a) Impermissible Uses. Without limiting the generality of the foregoing, the following are types of uses that Physics.Live expressly defines as falling outside of “non-commercial” use:
i. the sale or rental of (1) any part of the Content, (2) any derivative works based at least in part on the Content, or (3) any collective work that includes any part of the Content;
ii. providing training, support, or editorial services that use or reference the Content in exchange for a fee; and
iii. the sale of advertisements, sponsorships, or promotions placed on the Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Educational Material, including without limitation any “pop-up advertisements”.
(b) Use Characterization. Whether a particular use of the Content is “non-commercial” depends on the use, not the user. Thus, a use of the Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is “non-commercial,” even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not “non-commercial,” even if this use is by a non-profit entity. As an example, a for-profit corporation’s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use. Conversely, as another example, a non-profit entity’s use of the Content in connection with an fee-based training or educational program is NOT “non-commercial” and is not permitted.
6.5 Crediting Physics.Live. If You distribute, publicly perform or display, transmit, publish, or otherwise make available any Content or any derivative works thereof, You must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: “All Physics.Live content is available at www.Physics.Live”.
7. Prohibited Conduct.
YOU AGREE NOT TO:
7.1. use the Website for any commercial use or purpose unless expressly permitted by Physics.Live in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
7.2 except as expressly permitted under Sections 4.2 and 6 of these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Website Materials;
7.3 post, upload, or distribute any defamatory, libellous, or inaccurate User Content or other content;
7.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
7.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
7.6 delete the copyright or other proprietary rights notices on the Website or on any Licensed Educational Content, Licensed Educational Code, or User Content;
7.7 assert, or authorize, assist, or encourage any third party to assert, against Physics.Live or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content You have used, submitted, or otherwise made available on or through the Website;
7.8 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
7.9 use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7.10 defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
7.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content, Licensed Educational Code, or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content, Licensed Educational Code, or User Content;
7.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
7.13 modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by Physics.Live herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
7.14 intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8. Third-Party Sites, Products and Services; Links. The Website may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Physics.Live does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
9.1 Termination by Physics.Live. Physics.Live, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Physics.Live or your use of the Website and remove and discard all or any part of your account, User profile, and User Content, at any time. Physics.Live may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that Physics.Live will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Physics.Live may have at law or in equity. As discussed herein, Physics.Live does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
9.2 Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Physics.Live in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.
10. Indemnification. You agree to indemnify, defend, and hold harmless Physics.Live, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“Physics.Live Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child User associated with you if you are a Parent or . Physics.Live reserves the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Physics.Live, and You agree to cooperate with Physics.Live’s defence of these claims. Physics.Live will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
11. Disclaimers; No Warranties
11.1 Disclaimer: (a)Physics.Live yearns to operate this website 365 days and 24 hours by going out of the way to avoid any type of inconvenience. Physics.Live is and will not be liable for unavoidable circumstances such as routine updates, site maintenance or circumstances beyond its control. Physics.Live reserves the right to suspend the access to this site temporarily or permanently without notice.
(b)Material and information on/ from this website is an educational tool for students and parents and guardians, results and effectiveness of the information/material on and from this site does not imply any warranty or guaranty. Our purpose is to educate and reach masses through online platform but shall not be liable for any misrepresentation, misinterpretation or misunderstanding caused from our website and its material.
(c)Physics.Live shall not be liable for any loss or damage that may arise from using or not being able to use our website, or any material provide by/from our website(this includes, opportunities of any businesses, loss of profit, production loss, savings, anticipated savings, direct or indirect economic loss), or any decision taken for or because of our website and its material. Physics.Live does not exclude or restrict liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
11.2 No Warranties. THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Physics.Live, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Physics.Live OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
11.3 Content. Physics.Live, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
11.4 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
12. Limitation of Liability and Damages.
12.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Physics.Live OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH Physics.Live, EVEN IF Physics.Live OR A Physics.Live AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Physics.Live’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12.2 Limitation of Damages. IN NO EVENT WILL Physics.Live’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
12.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT Physics.Live HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HYSICS SIMPLIFIED, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Physics.Live. Physics.Live WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
12.4 Refund Policy.
(a)We do not provide any refunds.
(b)Physics.Live provides initial 10 days of classes of every batch for free for convenience and assurance of users to be certain of the services and content provided by us. 10 days initial free classes are not counted from the date of registration or lectures attended by student(s), instead start from the date of the batch which is pre-announced on our website. However a student may request for two trial classes if he/she has missed initial lectures by sending an email at info@Physics.Live.
13.1 Notice. Physics.Live may provide You with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Physics.Live is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.
13.2 Waiver. The failure of Physics.Live to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Physics.Live.
13.3 Dispute Resolution and Arbitration.
(a)Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or Physics.Live will be filed only in the jurisdiction of Punjab and Haryana High Court in Chandigarh, and each of You and Physics.Live hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 13.3(b) regarding arbitration. Notwithstanding this, Physics.Live shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
(c) Improperly Filed Claims. All claims you bring against Physics.Live must be resolved in accordance with this Section 13.3. All claims filed or brought contrary to this Section 13.3 shall be considered improperly filed. Should either party file a claim contrary to this Section 13.3, the other party may recover attorneys’ fees and costs, provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
(d) Claims. YOU AND Physics.Live AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13.4 Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
13.5 Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without Physics.Live’s prior written consent, but may be assigned by Physics.Live without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
13.6 Survival. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 3 through 5, 6.1, 6.4, 6.5, and 7 through 13.
13.7 Headings.The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
13.8 Entire Agreement. The Terms, the Privacy Notice and Guidelines constitute the entire agreement between You and Physics.Live relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Notice or Guidelines made by Physics.Live as set forth in Section 4 above.
13.9 Disclosures . The Website and the services provided hereunder are offered by Physics.Live; info@Physics.Live