IN CONSIDERATION OF the mutual benefits and obligations set forth in this agreement, the receipt and sufficiency of which consideration is hereby acknowledged, all parties agree as follows:
1. You agree to the release and usability of the videos upon signing up with Hey Peek Me.
2. You agree to waive any and all claims that are related to the videos as well as any and all liability for any loss, damage, expense or injury including death that you may suffer, resulting from use of videos.
3. You agree to release, discharge and hold harmless forever Hey Peek Me from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which may relate to the usability of the videos and any other engagement with Hey Peek Me through its services.
4. THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for you, in the event of any foreseen and unforeseen eventuality. It is your intention to fully assume all risks associated and to absolve Hey Peek Me from any and all liability to the maximum extent permitted by law.
5. Indemnification: You further agree to “indemnify” (meaning to defend) Hey Peek Me, against any claim by any person, including minors, arising in whole or in part from a loss suffered or caused by the usability of the videos or caused in connection with the services.
6. Governing Law: This agreement shall be governed by and construed in accordance with the internal laws of the state of Texas applicable to agreements made and to be performed in such state.
7. Termination: Hey Peek Me may terminate this release and waiver agreement described above at any time upon written notice to you. Hey Peek Me shall have no liability to you for any termination, including but not limited to liability for consequential damages.
8. Interpretation: You agree that this Release is intended to be as broad and inclusive as is permitted by the laws of Texas, and that if any portion of this Release is held invalid, it is agreed that the remaining portion shall continue in full force and effect.
9. Authority: In the event the undersigned is a limited liability company, corporation or other organization, the individual signing below represents and warrants he/she has authority to execute this Release on behalf of such organization.
10. Binding Effect: The waiver, release, indemnity and agreements under this Release shall be binding upon you and your agents, guests, licensees, heirs, personal representatives, executors, successors and assigns.
11. Compliance with Laws: You shall comply with all laws, ordinances and regulations, and the terms of any permit issued by Hey Peek Me and the state of Texas, applicable to you in connection with Release.
12. Independent contractor: It is expressly agreed that Hey Peek Me and you shall be independent contractors and that the relationship between the parties shall not constitute a partnership, joint venture or agency.
13. Disclaimer and limitation of liability: Hey Peek Me assumes no liability or responsibility for any interaction you have with us. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR INTERACTION WITH US AS WELL AS THE VIDEO IS ON AN 'AS IS' AND ON AN 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THIS RELEASE AND WAIVER, HEY PEEK ME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HEY PEEK ME DOES NOT REPRESENT OR WARRANT THAT THE VIDEO WILL BE UNINTERRUPTED OR ERROR-FREE.
FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE RELEASE AND WAIVER, HEY PEEK ME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE VIDEO.
14. Dispute Resolution: You (a) hereby irrevocably and unconditionally submit to the jurisdiction of the state courts of Texas and to the jurisdiction of the United States District Court for the District of Texas for the purpose of any suit, action or other proceeding arising out of or based upon this Release and Waiver, (b) agree not to commence any suit, action or other proceeding arising out of or based upon this Release and Waiver except in the state courts of Texas and (c) hereby waive, agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that is not subject personally to the jurisdiction of the above names courts.
15. Entire agreement: This Release and Waiver contains the entire understanding and agreement between you and Hey Peek Me, and supersedes all prior agreements and understandings, both written and oral.
KNOWING AND VOLUNTARY EXECUTION: YOU HAVE CAREFULLY READ AND UNDERSTOOD THE PROVISIONS AND LEGAL CONSEQUENCES OF THIS RELEASE AND YOU HEREBY AGREE TO ALL OF ITS CONDITIONS.