ECOMMERCE TERMS OF USE
Table of Contents
1. AGREEMENT TO TERMS. 2
A. THE COMPANY 2
2. PAYMENTS. 2
A. FORMS OF PAYMENT 2
B. SUBSCRIPTIONS 2
I. CANCELLATION 2
II. FEE CHANGES 2
III. FREE TRIALS 3
C. CURRENCY 3
D. REFUND POLICY 3
E. IN-APP PURCHASES 3
3. ACCESS. 3
A. MINORS (UNDER THE AGE OF 18) 3
B. CHILDREN (UNDER THE AGE OF 13) 3
4. PROHIBITED ACTIVITIES 4
5. USER-GENERATED ACCOUNT. 5
6. GUIDELINES FOR REVIEWS. 6
7. MOBILE APPLICATION LICENSE. 7
A. USE LICENSE 7
B. APPLE AND ANDROID DEVICES 8
8. COPYRIGHT POLICY. 8
A. INTELLECTUAL PROPERTY INFRINGEMENT 8
B. DMCA NOTICE AND DMCA PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS 9
9. INTELLECTUAL PROPERTY. 9
10. USER OBLIGATIONS. 10
11. USER ACCOUNTS. 10
12. SOCIAL MEDIA. 10
13. SUBMISSIONS. 11
14. THIRD (3RD) PARTY WEBSITE AND CONTENT. 11
16. SITE MANAGEMENT. 12
17. PRIVACY POLICY. 12
18. TERMINATION. 13
19. GOVERNING LAW. 13
20. DISPUTE RESOLUTION. 13
A. MEDIATION 13
B. ARBITRATION 13
21. ”AS-IS” DISCLAIMER. 13
22. INDEMNIFICATION. 14
23. NOTICES. 15
24. USER DATA. 15
25. ELECTRONIC MEANS. 15
26. CALIFORNIA USERS. 15
27. EUROPEAN UNION (EU) USERS. 15
28. UNITED STATES FEDERAL GOVERNMENT END-USER PROVISIONS. 15
29. MISCELLANEOUS. 16
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Effective Date: __________________, 20____
Last Updated: __________________, 20____
1. AGREEMENT TO TERMS.
The Terms of Use Agreement (“Agreement”), created on the effective date and last
amended on the date above, is made between you ("user,” “you," or “your”) and:
a. The Company
Website URL: www. __________________
Company Name: __________________
Doing Business As (DBA): __________________
Street Address: ____________________________________
City / State: __________________, __________________
Zip Code: __________________
The owner mentioned above includes its affiliated companies, websites, applications,
software, and tools (the “Company,” “we,” “us,” or “our”), and, with this Agreement,
outlines the rights and obligations that you and all users share, as well as any other
media form, media channel, mobile website or mobile application related or connected
thereto (collectively, the “website”), for the purpose of making use of any of the content,
software, or other tools on the website (“services”).
2. PAYMENTS.
All or a portion of the services offered by the Company on the website are paid in
accordance with the terms below:
a. Forms of Payment. We accept payment through the methods offered at
the time of purchase or when a balance is due. The provider and method
of payment are determined by your location, device, and purchased item.
We reserve the right, at any time, to reject payment for any reason.
b. Subscriptions. If any of the services offered by us are only available with
a paid subscription, you will be billed in advance and on a recurring and
periodic basis (such as daily, weekly, monthly, annually, or other agreed
upon timeframes) at the end of each period. With each successful
payment, the subscription will automatically renew under the same
conditions unless canceled.
i. Cancellation. You are entitled to cancel a subscription at any time
and in accordance with the terms of this Agreement. Cancellation
does not entitle you to a refund for any prior payments made.
ii. Fee Changes. If any changes occur to the subscription amount,
you will be given notice of at least one (1) billing cycle prior to thechange taking effect. Notice will be provided by e-mail on your
registered account or profile.
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iii. Free Trials. Any free trial, sample, or other abridged versions of
our services that are offered shall be considered a one (1) time use
based on the registration of a user's e-mail. It is strictly prohibited
for a user to create and register more than one (1) e-mail solely to
access another free trial on the website.
c. Currency. Payments will be accepted on the website in the currency
based on your location and in accordance with local laws.
d. Refund Policy. Except when required by law, payments made by a user
are not refundable by the company. Refund requests are administered on
a case-by-case basis and, if granted, do so at the sole discretion of the
company.
e. In-App Purchases. If the website’s services are offered on an Android,
iOS, or other mobile application (“mobile app”), this Agreement also
applies to payments made on the mobile app. In addition, payments made
on the mobile app must also be in accordance with the terms of the mobile
app platform or “store.”
3. ACCESS.
Your access to and use of the website and the services is conditional upon your
acceptance of and compliance with this Agreement, which applies to all the website’s
visitors. If, for any reason, you do not agree with any of the terms of this Agreement,
you may not access the website or its services.
Additionally, your access to and use of the services is conditional upon your acceptance
of and compliance with our privacy policy which describes our policies and procedures
on the collection, use, and disclosure of your personal information, which is initiated by
and commences when you use the website. The privacy policy discloses details and
discloses your privacy rights and protections under applicable laws. It is advised to read
our privacy policy prior to accessing the website or its services.
a. Minors (under the age of 18).
If any user is a minor in the jurisdiction where they reside, they must obtain
permission from their parent or guardian to use the website. If a minor accesses
the website, it is assumed that their parent or guardian has read and agrees to
this Agreement and has given permission to the minor to use the website.
b. Children (under the age of 13).
If any user is a child under the age of thirteen (13) years and from the United
States, it is assumed that they have obtained permission and verifiable parental
consent to use the website. Furthermore, this Agreement allows the protections
mentioned under the Children’s Online Privacy Protection, specifically, 15 U.S. Code § 6502.
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We do not claim that the website's content is appropriate or suitable for you or any
visitor. No information, data, or information provided on the website is intended for
distribution or use in any location where such usage is prohibited or is contrary to any
law or regulation which would subject the Company to legal liability of any type. Any
such access or use of the website is to be utilized on your own initiative, and you are
solely responsible for any legal compliance.
Any supplemental amendments or documents on the website following the effective
date of this Agreement are to be considered expressly incorporated into this Agreement.
4. PROHIBITED ACTIVITIES.
As a user of our services, whether on the website or mobile app, it is prohibited to
engage in the following activities:
• Systematically retrieve data or other content from the website or services to
create or compile, directly or indirectly, a collection, compilation, database, or
directory without our written permission;
• Trick, defraud, or mislead other users or us, especially in any attempt to learn
sensitive account information such as user passwords;
• Circumvent, disable, or otherwise interfere with security-related features of the
website or services, including those that restrict the copying of content or
protected marks;
• Disparage, tarnish, or otherwise harm the company, website, mobile app, or any
other platforms where the services are offered;
• Use any information obtained from the website or the service to harass, abuse,
or harm another person or group of people;
• Make improper use of our support services, specifically our customer service
representatives, or make false reports of abuse or misconduct;
• Use the website or services in a manner that is inconsistent with its intended use
or against any applicable laws;
• Engage in spamming, linking, or referring to other websites for commercial or
other purposes;
• Upload or transmit, or the attempt of such act, viruses, trojan horses, or other
damaging or improper material, including the spamming or continuous posting of
repetitive text, that has the potential to interfere, modify, impair, disrupt, alter, or
interfere with another user’s experience with the website or its features,
functions, operations, or maintenance;
• Attempting any unauthorized automated use of the website, such as using scripts
to send comments and messages, or using mining tools with the intention of
gathering, injecting, or extracting data;
• Deleting copyrights, trademarks, disclaimers, or any other marks from the
website or its content;
• Impersonating another user or person by use of a username, e-mail, personal
name, or in any other manner;
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• Upload or transmit, or the attempt of such act, any material that acts as a passive
or active information collection or transmission mechanism, including, without
limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs,
cookies, or other similar devices, also known as "spyware," "passive collection
mechanisms" or "PCM;"
• Interfering with, disrupting, or creating an undue burden on the website, services,
networks, and other connections;
• Harassing, annoying, intimidating, or threatening any of the other users,
employees, agents, contractors, or any other individual affiliated with the
company;
• Disabling or attempting to disable restrictions implemented by the website that
prohibits access to certain areas;
• Copying or adapting the software of the website, including but not limited to
Flash, PHP, HTML, JavaScript, or other code;
• Deciphering, decompiling, disassembling, or reverse engineering any of the
software on the website;
• Except as may be the result of a standard search engine or internet browser
usage, to use, launch, develop, or distribute any automated system, including,
without limitation, any crawlable spider, robot or bots, cheat utility, scraper, or
offline reader that accessed the website or services, or using or launching any
unauthorized script or other software;
• Using a buying or purchasing agent to make purchases on the website;
• Making any unauthorized use of the website or the services, such as collecting
usernames, e-mail addresses, or personal names of users by electronic or other
means to send unsolicited e-mails or create user accounts by automated means
or under false pretenses;
• Using the website or services as part of any effort to compete with us or
otherwise using the website, services, marks, content, data, or any part thereof
for any revenue-generating endeavor, commercial purpose, or r personal benefit;
• Using the website or services to advertise or offer to sell goods or other services;
and
• Selling your user profile or account on the website.
5. USER-GENERATED ACCOUNT.
Our website or services may allow you to chat, make postings (available for public or
private viewing), or other communication functionalities, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials on the website, including but not limited to, text,
writings, video, audio, photos, graphics, comments, suggestions, personal information
or other material (collectively known as the “content”). Content may be viewable by
other users or the general public. As such, any content transmitted by you may be
treated as non-confidential and non-proprietary. When you create or make any content
available on the website, you are accepting that:
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• The creation, distribution, transmission, public display, or performance of
displaying your content to be widely available for accessing, downloading, or
copying does not infringe your or its proprietary rights, including but not limited to
any copyrights, trademarks, patents, trade secrets, confidential information or
moral rights of a 3rd party;
• You are the creator and owner of or have the necessary licenses, rights, consent,
releases, and permissions to use and to authorize us, and other users of the
website, to use your content in any manner deemed reasonable;
• You have the written consent, release, or permission of each and every
identifiable individual in your content to use their name or likeness;
• Your content is not false, inaccurate, or misleading to the detriment of other
users, the website, or any 3
rd party;
• Your content is not unsolicited or unauthorized advertising, used for promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation;
• Your content is not obscene, lewd, lascivious, filthy, violent, considered
harassment, libelous, defamatory, or otherwise objectionable (as determined by
us);
• Your content does not ridicule, mock, disparage, intimidate, or verbally abuse
other users or us;
• Your content is not used to harass or threaten (in the legal sense of those terms)
any user or individual or promotes violence against a specific person or class of
people;
• Your content does not violate any applicable laws or regulations;
• Your content does not violate may privacy-related concerns or the publicity rights
of any 3rd party;
• Your content does not include offensive comments related to groups of race,
national origin, gender, relationship status, familial status, religion, sexual
preference, or physical handicap; and
• Your content does not link to material that violates any of the aforementioned
provisions of this section or this Agreement.
By posting your content on our website, you grant us the right and license to use,
modify and publicly perform, display, reproduce, and distribute such content. You retain
any and all of your rights to any content you submit, post, or display and are responsible
for protecting those rights. This license includes the right for us to make your content
available to other users of the website, 3rd parties, and the general public, with or
without your consent.
6. GUIDELINES FOR REVIEWS.
We may provide you, either on the website or by a 3rd party, the right to leave a review
or rating of the services offered. Said review or rating requires that you:
• Should have firsthand experience with the person/entity being reviewed;
• Do not contain any offensive, abusive, racist, profanity-laden language;
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• Do not reference discriminatory language or references related to religion, race,
gender, national origin, age, marital status, sexual orientation, or disability;
• Do not include references to illegal activity;
• Do not post negative reviews as part of a scheme working with a competitor of
ours;
• Do not make any suggestions or conclusions as to the legality of our services,
products, or conduct;
• Do not post any false or misleading comments about your experience with the
website or our company; and
• Do not organize a campaign encouraging others to post reviews, whether
positive or negative.
In our sole discretion, we may decide to accept, reject, or remove reviews. Our
responsibility is to screen reviews to ensure that any postings regarding the website and
its services are accurate and verifiable. Any reviews made by you or other users of the
website do not represent our opinions or statements of the services or our affiliates or
partners. We do not assume liability, claims, or losses resulting from any review made
on the website. By posting a review, you hereby grant us a perpetual, nonexclusive,
worldwide, commercial, royalty-free, and assignable license (and sublicense ability) to
reproduce, modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to such reviews made.
7. MOBILE APPLICATION LICENSE.
If a proprietary mobile application is offered in connection to the services offered on the
website (“mobile app”), the following will apply:
a. Use License. We grant you a revocable, nonexclusive, non-transferable, and
limited license to install and use the mobile app to access the website and its
services. Under such license, you agree that it is prohibited to conduct the
following:
• Except as permitted by applicable law, to decompile, reverse engineer,
disassemble, attempt to derive source code, or decrypt any part of the
mobile app;
• Make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the mobile app;
• Violate any applicable laws or regulations in connection with your use
or access to the mobile app;
• Remove, alter, or obscure any proprietary notice (including any notice
of copyright or trademark) posted by us or the licensors of the mobile
app;
• Use the mobile app for any revenue-generating endeavor, commercial
enterprise, or other purposes for which it is not designed or intended;
• Allow the mobile app to be available over a network or other
environment that permits access or use by multiple devices or users at
the same time;
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• Use the mobile app for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the
mobile app;
• Use the mobile app to send automated queries to any other website or
application for unsolicited use, commercial or non-commercial; and
• Use any proprietary information provided by or through the use of the
mobile app for the design, development, licensure, or distribution of
any other applications, accessories, or other devices for use with the
mobile app.
b. Apple and Android Devices. When using the mobile app on an Apple or
Android device (“mobile platform”), the following will apply:
• The license granted to you when using the mobile app is limited to a
non-transferable license on a device that utilizes either of the mobile
platforms, as applicable, in accordance with the usage rules set forth in
the applicable mobile platform’s terms of service and any other
applicable documents;
• It is known that we are responsible for providing any maintenance and
support services with respect to the mobile app in regard to updates
made by the mobile platform and in its day-to-day use;
• Any refund requests made by you from purchases made on the mobile
app must be requested on the mobile platform in accordance with its
refund policy. We cannot, on the website, assist in any refund request
for payments made on the mobile app;
• If the jurisdiction or governing law of the company or mobile app is
located in the United States, you verify that:
o You are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S.
government as a “terrorist supporting” country; or
o You are not listed on any U.S. government list of prohibited or
restricted parties;
• You must comply with applicable 3rd party agreements that are used in
combination with your wireless plan, network connection, or any other
data service or device agreement; and
• You acknowledge that the mobile platforms used in connection with the
mobile app are 3rd party beneficiaries in regard to this Agreement and
that each mobile platform will have the right to enforce its terms and
conditions regarding your access and activities when using the mobile
app.
8. COPYRIGHT POLICY.
a. Intellectual Property Infringement.
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It is our duty to respect the intellectual property rights of others. Therefore, it is
our policy to respond to any claim that infringes on any trademark, copyright, or
other intellectual property protected under law.
If you are an owner of any protected intellectual property that you feel is being
used without your authorization, you must submit notice to us by any of the
contact details mentioned herein and include a detailed description of the alleged
infringement.
If any request is made, and it is determined that you are not the owner of the
intellectual property or do not have the authority to act on the owner’s behalf, you
may be held accountable for damages which may also include costs related to
attorneys’ fees for such misrepresentation.
b. DMCA Notice and DMCA Procedure for Copyright Infringement Claims.
You may submit a notification pursuant to the Digital Millennium Copyright Act
(DMCA) by providing our company with the following information in writing (see
17 U.S.C 512(c)(3) for further detail):
• An electronic or physical signature of the copyright owner or a person
authorized to act on behalf of the owner of the copyrighted work;
• A description of the copyrighted work that you claim has been infringed,
including the URL(s) where the copyrighted work exists or a copy of the
copyrighted work;
• Your contact details, including a personal name, address, phone number,
and e-mail address;
• A statement that the copyright infringement is not authorized and that the
request to remove the copyrighted work is in good faith; and
• A statement by you, with language that includes “under penalty of perjury,”
that the information included in the infringement removal is accurate.
Upon receipt of a copyright infringement notification, we will take whatever steps
are required to remove the copyrighted content from the website or the services.
9. INTELLECTUAL PROPERTY.
Except as otherwise indicated, all source coding, databases, functionalities, software,
graphic designs, and media of any kind (e.g., audio, video, text, photos, etc.), content,
trademarks, service marks, logos, and copyrights are considered to be intellectual and
proprietary information ("intellectual property”). Such intellectual information is under our
ownership and protected by local, state, national, and international laws and will be
defended.
No intellectual property is permitted to be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
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licensed, or otherwise exploited for commercial purposes without our express prior
written permission.
10.USER OBLIGATIONS.
You, as a user of the website or any of its services, agree to the following:
• Any information used for registration purposes, if required, must be submitted in
an accurate and completed manner;
• If any information should change regarding your account, you agree to change it
in a timely fashion;
• You have the legal capacity to understand, agree with, and comply with this
Agreement;
• That you are not considered a minor in the jurisdiction where you reside or are
accessing the website or its services;
• That you will not access the website or its services through the use of bots,
scripts, or any other use than the traditional manner as is intended; and
• That you will use the website and its services in an authorized and legal manner
in accordance with this Agreement.
In regard to any of the information submitted by you, if it should be deemed inaccurate,
out of date, or incomplete, we reserve the right to terminate your access to the website
or account and any future intended use.
11.USER ACCOUNTS.
If our website allows the creation of a user account of any type, you agree to be
responsible for safeguarding its information, including account data, connected e-mails,
passwords, and any other personal information. If you are made aware of any breach or
unauthorized use of the account, notify us as soon as possible. Furthermore, you agree
not to disclose any password created with any 3rd party other than secured services
used to assist with saving passwords on your behalf.
If the creation of a username is allowed when making an account, such username must
be appropriate for public viewing and not violate any trademark, copyright, or other
protected names or marks.
12.SOCIAL MEDIA.
As part of the website’s functionality, you may be able to link and connect a social
media profile with your account for sharing information, logging into the website, or for
any other reason that is in accordance with the terms of this Agreement and the social
media company’s terms of use (“social media profile”).
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If connecting a social media profile with the website, it is acknowledged that you may be
required to disclose its login information or grant us access. Such disclosure or access
is within the terms of use of the social media profile, and you understand that:
• We may access, make available, and store (if applicable) any content that you
have provided to and stored in your social media profile so that it is available on
and through the website via your account, including without limitation any
contacts;
• We may submit and receive data, which may include personal information, to
your social media profile upon its connection to the website;
• That you have the ability, at any time, to disable the connection between the
website and the social media profile; and
• That the relationship between you and your social media profile is governed
solely by its terms of use, and in no way does this Agreement amend your rights
and responsibilities unless otherwise stated.
Due to the policies commonly mentioned in a social media company’s terms of use, we
make no effort to review any content produced through the connection of a social media
profile unless notified by other users, a 3rd party, or another event that triggers a review
of the account.
13.SUBMISSIONS.
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the website (“submissions”) provided by you is
public and is not considered confidential unless otherwise stated. Upon submissions
posted on the website, it becomes our exclusive property along with all intellectual
property rights, which we may use for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
By posting your submissions, you agree to waive any rights to such submissions and
acknowledge their transfer to us. In addition, you agree that after the posting of such
submissions, there is no recourse. Therefore, you may not delete submissions to use
them on another platform for your benefit or to reclaim their rights.
14.THIRD (3RD) PARTY WEBSITE AND CONTENT.
Our website or services may contain links to 3rd party websites or services that are not
owned or controlled by us. Therefore, we assume no responsibility for the content,
privacy policies, terms of use, practices, services, experiences, activities, or any other
acts by 3rd parties. You acknowledge that if you are to be re-directed or forwarded to
such 3rd party website, you hold us harmless and free of liability for any action that
should occur on such websites, which may or may not include damages, losses, or any
other claims.
15.ADVERTISING.
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In the event that we host, display, recommend, or link to websites or services in
exchange for a fee (“advertisements”), it shall be known that such websites and
services are often not known to us and are provided via advertisement networks based
on user data. We do not own or control such advertisements and assume no
responsibility for the content, privacy policies, terms of use, practices, services,
experiences, activities, or other acts. Our only affiliation with such advertisements is the
payment per display, clicks, or any additional monetary benefit in accordance with its
terms and conditions or affiliate terms.
Any advertisements used are subject to the Digital Millennium Copyright Act (“DMCA”)
policies. There will be no refund or compensation related to a DMCA takedown of said
advertisements. Our relationship with advertisers begins and ends with us providing
space for the placement of such advertisements.
16.SITE MANAGEMENT.
To ensure the best experience for all users of our website and services, we reserve the
right, in our sole discretion, to do the following:
• To monitor our website, services, and any other content for violations by users of
this Agreement;
• To take appropriate actions against our users, including legal action, for those
who may have violated this Agreement or have attempted to defraud or cause
harm to other users;
• To refuse, restrict, limit, disable, or remove any and all files and Content which,
due to excessive size limits or other properties, are burdensome to our systems
or other users; and
• To otherwise manage our website and services in such a way as to protect our
rights and property and to encourage the optimal running of said websites and
services.
17.PRIVACY POLICY.
Your access to and use of our website or services is conditional upon your acceptance
of our privacy policy. Our privacy policy describes our rules and procedures on the
collection, use, and disclosure of your personal information and details your privacy
rights and how the law protects you and such data. It is recommended for all users to
read to know their rights.
We maintain the right to store certain data that you have transmitted by the use of the
website or any of our services. You are solely responsible for the data you transmit and
how it relates to any activity you have undertaken when using the website and any of its
services. Therefore, you agree that we have no liability to you for any loss, breach, or
corruption of any data and hereby waive any right of action against us that may or may
not arise from such loss, breach, or corruption.
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18.TERMINATION.
We may terminate or suspend your account for any reason and at our sole discretion. If
your account is suspended or terminated, we may or may not provide prior notice. Upon
termination, your access to the website and/or services will cease immediately.
If you wish to terminate your relationship with us, such termination can be made by
simply discontinuing your use of the website and its services.
19.GOVERNING LAW.
The laws governing the company’s jurisdiction, mentioned in Section 1(a) of this
Agreement, shall govern this Agreement, including your use and access to the website
and services. Your use of this website, services, and any mobile app may be subject to
other local, state, national, and international laws.
20.DISPUTE RESOLUTION.
If you should raise any dispute about the website, its content, or any of the services
offered, it is required first to attempt to resolve the dispute formally by contacting us.
a. Mediation. If a dispute cannot be agreed upon by the parties, it shall be
moved to mediation for a period of 30 days with at least 10 hours to be
committed by each party in accordance with the procedures of the United
States Arbitration & Mediation. All costs related to said mediation shall be
shared equally by both parties.
b. Arbitration. If the dispute cannot be agreed upon during the mediation
period, then the dispute will be submitted to binding arbitration in the
jurisdiction of governing law.
We maintain the right to bring proceedings regarding the substance of any dispute in
the courts of the country where you or we reside.
21.”AS-IS” DISCLAIMER.
It is recognized to you, as a user of the website and any services offered, that they are
provided on an “as-is,” “where is,” and “as available” basis, including faults and defects
without warranty.
To the maximum extent permitted under applicable law, the company, on its own behalf
and those of its affiliates, licensors, and service providers, expressly disclaims all
warranties, whether express, implied, statutory, or otherwise, with respect to the said
website and any services offered, including all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement, and warranties that may arise
out of the course of dealing, course of performance, usage or trade practice. Without
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limitation to the foregoing, we provide no warranty or undertaking, and make no
representation of any kind, that the content or any services provided will meet your
requirements, achieve any intended results, be compatible or work with any other
software, applications, systems, devices, or services, including operating without
interruption, or meet any performance or reliability standards or be error and bug-free
from any defects that can or will be corrected.
Without limiting the foregoing, neither we nor any of our providers make any
representation or warranty of any kind, express or limited, in regard to the following:
• The operation or availability of the website or any services, or the information
content, and materials or products included herein;
• The website or any services being uninterrupted or bug-free;
• The accuracy, reliability, or currency of any information or content provided
through the website or services; and
• The website or any services, servers, content, or e-mails sent on behalf of our
company is free of viruses, scripts, trojan horses, worms, malware, timebombs,
or any other harmful code.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations
on the applicable statutory rights of a consumer. Therefore, some or all of the above
exclusions and limitations may not apply to you. The exclusions and limitations outlined
in this section will be applied to the greatest extent under applicable law.
22.INDEMNIFICATION.
You agree to defend, indemnify, and hold us harmless, including any of our
subsidiaries, agents, or affiliates and our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any 3rd party due to or arising out of
the following:
• Our content;
• Use of the website or any of our services;
• Not able to use the website or any of our services;
• Any breach of this Agreement;
• Any beach of representations and warranties set forth in this Agreement;
• Any violation of the rights of a 3rd party, including but not limited to intellectual
property rights; and
• Any overt harmful act toward any other user of the website or its services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims. We
agree to use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
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23.NOTICES.
Except as explicitly stated otherwise, any notices sent to us must be sent to the e-mail
mentioned in Section 1 of this Agreement. Any notices sent to you regarding any
communication that must be sent in accordance with this Agreement will be sent to the
e-mail registered to any account created on the website.
If notice is required to be sent via standard mail for legal or other purposes, the mailing
address in Section 1 of this Agreement should be used.
24.ELECTRONIC MEANS.
When accessing the website or any of its services, sending e-mails, online forms,
e signatures, or any type or kind of electronic records or communication, you consent
that all agreements, notices, disclosures, and other communications we provide to you
in such manner satisfies any legal requirement that such communication should be in
writing. You hereby agree that the use of such electronic means will be regarded as
sufficient and be viewed as the same as its physical counterpart. Furthermore, you
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records.
25.CALIFORNIA USERS.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in any of the methods below:
Mail
1625 North Market Blvd, Suite N 112,
Sacramento, California
95834
Telephone
(800) 952-5210
(916) 445-1254
26.EUROPEAN UNION (EU) USERS.
If you are a European Union (EU) resident, consumer, or user, it is recognized that you
are entitled to specific protections on how your personal information is collected. We, in
our privacy policy, attempt to be in accordance with such rules and regulations.
27.UNITED STATES FEDERAL GOVERNMENT END-USER PROVISIONS.
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If you are a user acting on behalf of the U.S. federal government, our website and its
services are treated as a “commercial item” as defined under 48 C.F.R. § 2.101.
28.MISCELLANEOUS.
This Agreement and any policies or operating rules posted by us, on the website, or
through any services or in respect to such constitute the entire Agreement and
understanding between you, as a user, and us, as a company. Our failure to exercise ore or
enforce any right or provision of this Agreement will not operate as a waiver of such
right or provision. This Agreement operates to the fullest extent permissible by law in
accordance with the jurisdiction where we are located and to the protections that you,
as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of
our liabilities, services, and obligations to another party at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by an event
beyond our reasonable control.
If any provision, section, clause, or part of this Agreement is determined to be unlawful,
void, or unenforceable, that said portion of this Agreement is determined to be
severable and does not affect the validity and enforceability of any remaining language.
It is understood that this Agreement does not create a joint venture, partnership,
employment, or agency relationship between you and us, the website, or any of its
services. You agree that this Agreement will not be construed against us by virtue of
having drafted and published on the website for your review. Therefore, you agree to
waive any and all defenses that may have been assumed under this Agreement and the
lack of signing by any party hereto.
If this Agreement has been translated, you agree that its original English text shall
prevail in the case of a dispute.