The Pipe Tool

 

Terms and Conditions ("Terms")

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.