We are referred to as Website ('Company', 'we', 'us', or 'our').
Our operations encompass the website Website (known as the 'Site'), along with all associated products and offerings that reference or connect to these official conditions (the 'Legal Terms') (jointly termed the 'Services').
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You can reach us via email at or by post at .
These Legal Terms establish a legally binding contract between you, whether acting personally or on behalf of an entity ('you'), and Website, concerning your access to and utilization of the Services. By accessing the Services, you confirm that you have reviewed, comprehended, and consented to abide by all of these Legal Terms. SHOULD YOU DISAGREE WITH ANY OF THESE LEGAL TERMS, YOUR USE OF THE SERVICES IS STRICTLY PROHIBITED, AND YOU MUST CEASE USAGE IMMEDIATELY.
We will inform you in advance of any planned modifications to the Services you are using. The revised Legal Terms will become effective upon being posted or upon our notification to you via , as specified in the email. Your continued use of the Services after the changes take effect signifies your acceptance of the updated terms.
We suggest you retain a printed copy of these Legal Terms for your records.
The information accessible through the Services is not intended for dissemination to or utilization by any individual or entity in any jurisdiction or nation where such dissemination or utilization would contravene legal statutes or regulations, or where it would necessitate our registration within that jurisdiction or nation. Consequently, individuals opting to access the Services from alternative locations do so at their own discretion and bear sole responsibility for adherence to local legislation, to the extent that local laws are applicable.
The Services are not designed to conform to sector-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). Therefore, if your interactions would fall under such laws, you are prohibited from using the Services. You must not use the Services in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).
Our proprietary assets
We hold ownership or licensure of all intellectual property rights pertaining to our Services, encompassing all source code, databases, functionalities, software, website designs, audio content, video materials, textual data, photographic images, and graphical elements within the Services (collectively referred to as the 'Content'), along with the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are safeguarded by copyright and trademark laws (as well as various other intellectual property and unfair competition statutes) and international agreements in the United States and globally.
The Content and Marks are furnished within or via the Services on an 'AS IS' basis strictly for your personal, non-commercial use or for internal business purposes only.
Your permitted use of our Services
Provided you adhere to these Legal Terms, including the section titled 'PROHIBITED ACTIVITIES' outlined below, we grant you a non-exclusive, non-transferable, revocable authorization to: access the Services; and download or print a single copy of any portion of the Content to which you have legitimately obtained access. strictly for your personal, non-commercial purposes or for internal business operations.
Excluding what is specified in this section or elsewhere within our Legal Terms, no segment of the Services, nor any Content or Marks, may be copied, reproduced, compiled, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise utilized for any commercial objective whatsoever, without our explicit prior written consent.
Should you wish to utilize the Services, Content, or Marks in any manner beyond what is stipulated in this section or elsewhere in our Legal Terms, kindly direct your inquiry to: . If we ever grant you authorization to post, reproduce, or publicly exhibit any part of our Services or Content, you are required to acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice is visible or present when posting, reproducing, or displaying our Content.
We retain all entitlements not explicitly conferred upon you concerning the Services, Content, and Marks.
Any violation of these Intellectual Property Rights will constitute a substantial breach of our Legal Terms, and your entitlement to utilize our Services will cease immediately.
Your submitted materials and contributions
Kindly review this section and the 'PROHIBITED ACTIVITIES' section thoroughly before engaging with our Services to understand (a) the rights you grant us and (b) your obligations when posting or uploading any material through the Services.
Submissions: By directly forwarding us any query, remark, proposition, concept, feedback, or other information regarding the Services ('Submissions'), you consent to transfer all intellectual property rights in such Submission to us. You acknowledge that we shall possess this Submission and be entitled to its unrestricted utilization and distribution for any lawful intent, commercial or otherwise, without requiring acknowledgment or remuneration to you.
Contributions: The Services may offer you the opportunity to engage in discussions, contribute to, or participate in blogs, message boards, online forums, and other features through which you can generate, submit, post, showcase, transmit, publish, disseminate, or broadcast content and materials to us or via the Services, including but not limited to text, written pieces, video footage, audio recordings, photographic images, musical compositions, graphic designs, commentary, evaluations, rating suggestions, personal details, or other matter ('Contributions'). Any Submission made publicly available will also be considered a Contribution.
You acknowledge that Contributions may be visible to other users of the Services and potentially accessible through external websites.
Upon posting Contributions, you grant us a license (including the use of your name, trademarks, and logos): By submitting any Contributions, you grant us an unrestricted, boundless, irreversible, perpetual, non-exclusive, transferable, royalty-free, fully compensated, worldwide right and license to: utilize, duplicate, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, extract (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, be it commercial, promotional, or otherwise, to create derivative works from, or integrate into other works, your Contributions, and to sublicense the authorizations granted in this section. Our utilization and distribution may occur across any media formats and through any media channels.
This authorization encompasses our use of your name, company designation, and franchise identity, as applicable, along with any of the trademarks, service marks, trade names, logos, and personal and commercial imagery you supply.
You bear responsibility for the content you post or upload: By forwarding us Submissions and/or posting Contributions through any segment of the Services or enabling access to Contributions via the Services by linking your account through the Services to any of your social networking profiles, you:
You are solely accountable for your Submissions and/or Contributions, and you explicitly consent to compensate us for any and all losses we may incur as a result of your violation of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We retain the right to remove or modify your Content: While we are not obligated to oversee any Contributions, we shall have the authority to remove or modify any Contributions at any time without prior notification if, in our reasonable judgment, we deem such Contributions harmful or in violation of these Legal Terms. Should we remove or modify any such Contributions, we may also suspend or deactivate your account and report you to the relevant authorities.
Copyright infringement procedures
We respect the intellectual property rights held by others. If you believe that any material accessible on or through the Services infringes upon a copyright you own or control, please promptly refer to the section below titled 'DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY'.
By utilizing the Services, you affirm and guarantee that: (1) all registration data you supply will be truthful, precise, current, and complete; (2) you will maintain the accuracy of such data and promptly update said registration data as necessary; (3) you possess the legal capacity and agree to adhere to these Legal Terms; (4) you are not considered a minor within the jurisdiction where you reside; (5) you will not access the Services via automated or non-human means, whether through a bot, script, or other method; (6) you will not employ the Services for any unlawful or unauthorized objective; and (7) your utilization of the Services will not contravene any applicable law or regulation.
Should you furnish any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and decline any and all present or future use of the Services (or any segment thereof).
You may be required to register to access the Services. You agree to safeguard your password's confidentiality and will be accountable for all usage of your account and password. We reserve the right, at our sole discretion, to remove, reclaim, or alter a username you select if we determine it is unsuitable, offensive, or otherwise objectionable.
We endeavor to present the colors, attributes, specifications, and details of the products offered on the Services with the highest possible accuracy. However, we cannot guarantee that the colors, attributes, specifications, and details of the products will be entirely accurate, complete, dependable, current, or devoid of other errors, and your electronic display may not precisely render the actual colors and details of the products. All products are subject to availability, and we cannot assure that items will be in stock. We retain the right to discontinue any products at any time for any reason. The pricing for all products is subject to modification.
We accept the following payment methods:
You agree to furnish current, complete, and precise purchase and account details for all transactions conducted via the Services. Furthermore, you consent to promptly update account and payment information, including email address, payment method, and payment card expiry date, enabling us to finalize your transactions and contact you as needed. Sales tax will be applied to the purchase price as we deem necessary. Prices may be adjusted at any time.
You agree to cover all charges at the prevailing prices for your purchases and any relevant shipping fees, and you authorize us to debit your chosen payment provider for such amounts upon placing your order. We retain the right to rectify any pricing errors or inaccuracies, even if payment has already been requested or received.
We reserve the right to decline any order submitted through the Services. We may, at our sole discretion, restrict or cancel the quantities purchased per individual, per household, or per order. These limitations may encompass orders placed under the same customer account, utilizing the same payment method, and/or orders sharing the same billing or shipping address. We retain the right to restrict or forbid orders that, in our sole judgment, appear to originate from dealers, resellers, or distributors.
Kindly consult our Return Policy, which is accessible on the Services, before making any purchases.
We may incorporate software for utilization in conjunction with our Services. Should such software be accompanied by an end user license agreement ('EULA'), the stipulations of the EULA will govern your use of the software. If no EULA accompanies the software, then we grant you a non-exclusive, revocable, personal, and non-transferable license to employ such software strictly in connection with our services and in accordance with these Legal Terms. Any software and related documentation are provided 'AS IS' without any form of warranty, whether explicit or implicit, including, without limitation, the implied warranties of merchantability, suitability for a specific purpose, or non-infringement. You assume all risks arising from the use or performance of any software. Reproduction or redistribution of any software is prohibited except in compliance with the EULA or these Legal Terms.
You are prohibited from accessing or utilizing the Services for any purpose other than that for which we make the Services available. The Services are not to be used in connection with any commercial endeavors unless explicitly sanctioned or approved by us.
As a user of the Services, you agree to refrain from:
The Services may enable you to participate in chats, contribute to, or engage in blogs, message boards, online forums, and other functionalities, and may offer you the chance to produce, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, written works, video content, audio files, photographs, graphics, comments, suggestions, or personal details or other material (collectively, 'Contributions'). Contributions may be visible to other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make any Contributions available, you hereby affirm and guarantee that:
Any utilization of the Services that contravenes the aforementioned provisions constitutes a violation of these Legal Terms and may lead to, among other consequences, the termination or suspension of your rights to use the Services.
By submitting your Contributions to any section of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking profiles, you automatically grant, and you affirm and guarantee that you possess the right to grant, to us an unrestricted, boundless, irreversible, perpetual, non-exclusive, transferable, royalty-free, fully compensated, worldwide right and license to host, utilize, duplicate, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, extract (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, be it commercial, promotional, or otherwise, and to create derivative works from, or integrate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The utilization and distribution may occur across any media formats and through any media channels.
This authorization will extend to any format, medium, or technology currently known or developed in the future, and includes our use of your name, company designation, and franchise identity, as applicable, along with any of the trademarks, service marks, trade names, logos, and personal and commercial imagery you provide. You relinquish all moral rights in your Contributions, and you affirm that moral rights have not otherwise been asserted in your Contributions.
We do not claim any ownership over your Contributions. You retain complete ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations contained in your Contributions provided by you in any area on the Services. You are solely accountable for your Contributions to the Services, and you explicitly agree to absolve us from any and all responsibility and to refrain from initiating any legal proceedings against us concerning your Contributions.
We possess the authority, at our sole and absolute discretion, (1) to modify, redact, or otherwise alter any Contributions; (2) to re-categorize any Contributions to place them in more suitable locations on the Services; and (3) to pre-screen or remove any Contributions at any time and for any reason, without prior notification. We are not obligated to monitor your Contributions.
We may designate areas on the Services for you to post reviews or ratings. When submitting a review, you must adhere to the following criteria: (1) you should have direct experience with the person/entity being reviewed; (2) your reviews must not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews must not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not contain references to illegal activities; (5) you should not be affiliated with competitors if submitting negative reviews; (6) you should not make definitive conclusions regarding the legality of conduct; (7) you are prohibited from posting any false or misleading statements; and (8) you may not orchestrate a campaign encouraging others to submit reviews, whether favorable or unfavorable.
We may approve, decline, or remove reviews at our sole discretion. We are under no obligation whatsoever to screen reviews or to delete reviews, even if some individuals consider reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the viewpoints of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses arising from any review. By submitting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to the review.
As a component of the Services' functionality, you have the option to link your account with online accounts you maintain with third-party service providers (each such account being a 'Third-Party Account') by either: (1) providing your Third-Party Account login credentials through the Services; or (2) granting us access to your Third-Party Account, as permitted under the applicable terms and conditions governing your use of each Third-Party Account. You affirm and guarantee that you are authorized to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without violating any of the terms and conditions that regulate your use of the relevant Third-Party Account, and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content you have provided to and stored in your Third-Party Account (the 'Social Network Content') so that it is accessible on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you select and subject to the privacy configurations you have established in such Third-Party Accounts, personally identifiable information you post to your Third-Party Accounts may be accessible on and through your account on the Services. Please be aware that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be accessible on and through the Services. You will have the capability to disconnect the link between your account on the Services and your Third-Party Accounts at any time. KINDLY NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS CONNECTED TO YOUR THIRD-PARTY ACCOUNTS IS GOVERNED EXCLUSIVELY BY YOUR AGREEMENT(S) WITH THOSE THIRD-PARTY SERVICE PROVIDERS. We do not undertake any review of Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not accountable for any Social Network Content. You acknowledge and consent that we may access your email address book linked to a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for the purpose of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the provided contact details below or through your account settings (if applicable). We will endeavor to remove any information stored on our servers that was obtained through such Third-Party Account, excluding the username and profile picture that become associated with your account.
The Services may feature (or you may receive via the Site) links to other internet sites ('Third-Party Websites') as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software, and other content or items originating from or belonging to third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not scrutinized, monitored, or verified for accuracy, suitability, or completeness by us, and we bear no responsibility for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement thereof. If you choose to exit the Services and access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer apply. You should review the relevant terms and policies, including privacy and data collection practices, of any website you navigate to from the Services or pertaining to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be conducted through separate websites and with distinct companies, and we assume no responsibility whatsoever regarding such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm resulting from your purchase of such products or services. Additionally, you shall hold us harmless from any losses you sustain or harm inflicted upon you relating to or resulting in any way from any Third-Party Content or any interaction with Third-Party Websites.
We retain the right, though not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) initiate appropriate legal action against any individual who, in our sole discretion, infringes upon the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessively large or in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper operation of the Services.
We prioritize data privacy and security. Please review our Data Protection Policy. By utilizing the Services, you consent to be bound by our Data Protection Policy, which is incorporated into these Legal Terms. Please be advised that the Services are hosted within the United Kingdom. If you access the Services from any other global region with laws or requirements governing the collection, use, or disclosure of personal data that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transmitting your data to the United Kingdom, and you explicitly consent to your data being transferred to and processed within the United Kingdom.
Notifications Process
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon a copyright you own or control, please promptly inform our Designated Copyright Agent using the contact information provided below (a 'Notification'). A copy of your Notification will be forwarded to the individual who posted or stored the material referenced in the Notification. Please be aware that under federal law, you may be held accountable for damages if you make significant misrepresentations in a Notification. Therefore, if you are uncertain whether material located on or linked to by the Services infringes your copyright, you should consider consulting with an attorney first.
All Notifications should comply with the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following details: (1) A physical or electronic signature of an individual authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative listing of such works on the Services; (3) identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, along with information reasonably sufficient to enable us to locate the material; (4) information reasonably sufficient to allow us to contact the complaining party, such as an address, telephone number, and, if available, an email address where the complaining party can be reached; (5) a statement that the complaining party has a genuine belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification Procedure
If you believe your own copyrighted material was removed from the Services due to an error or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a 'Counter Notification'). To be considered an effective Counter Notification under the DMCA, your Counter Notification must substantially include the following: (1) identification of the material that was removed or disabled and the location where the material appeared before its removal or disabling; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is situated, or if your address is outside the United States, for any judicial district where we are located; (3) a statement that you will accept service of process from the party who filed the Notification or that party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a genuine belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
Should you send us a valid, written Counter Notification meeting the requirements outlined above, we will reinstate your removed or disabled material, unless we first receive notice from the party who filed the Notification informing us that they have initiated a court action to prevent you from engaging in infringing activity related to the material in question. Please be aware that if you significantly misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be held liable for damages, including costs and attorney's fees. Submitting a false Counter Notification constitutes perjury.
Appointed Copyright Agent
These Legal Terms shall remain fully effective and binding while you are using the Services. WITHOUT IMPAIRING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RETAIN THE AUTHORITY, AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING SPECIFIC IP ADDRESSES), TO ANY INDIVIDUAL FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED WITHIN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are forbidden from registering and creating a new account under your name, a fictitious or borrowed name, or the name of any third party, even if you might be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal remedies, including without limitation seeking civil, criminal, and injunctive relief.
We reserve the right to modify, alter, or remove the content of the Services at any time or for any reason at our sole discretion without prior notification. However, we are not obligated to update any information on our Services. We also retain the right to modify or discontinue all or a portion of the Services without notice at any time. We will not be liable to you or any third party for any modification, price adjustment, suspension, or cessation of the Services.
We cannot guarantee that the Services will be accessible at all times. We may encounter issues with hardware, software, or other problems, or require maintenance related to the Services, leading to interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notifying you. You agree that we bear no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any period of downtime or discontinuance of the Services. Nothing in these Legal Terms shall be interpreted as obligating us to maintain and support the Services or to provide any corrections, updates, or releases in connection therewith.
These Legal Terms are governed by and interpreted in accordance with the laws of England, and the United Nations Convention on Contracts for the International Sale of Goods is explicitly applied. If your usual place of residence is within the EU, the USA, or any of the other 62 countries party to the convention, you are also afforded the protection provided by mandatory legal provisions in your country of residence. This implies that you may bring a claim to assert your consumer protection rights concerning these Legal Terms in England, or in any country party to the convention where you reside.
Should you be a resident of the European Union, any disagreements arising from or connected to these Legal Terms shall be settled through arbitration conducted by an arbitrator appointed in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, which is a constituent part of the European Centre of Arbitration based in Strasbourg. The designated location for such arbitration shall be England. The primary language used in the proceedings shall be English. The governing legal framework for these proceedings shall be the laws of England.
If you reside in the United States, disputes will be resolved through arbitration within the United States. The governing legal framework for these proceedings shall be the laws of the USA.
For residents of any other nation, the arbitration location and procedures will align with those stipulated for residents of the European Union.
The Parties concur that any arbitration will be confined to the Dispute between the Parties individually. To the maximum extent permitted by law, (a) no arbitration shall be combined with any other proceeding; (b) there is no entitlement or authority for any Dispute to be arbitrated on a class-action basis or to employ class action procedures; and (c) there is no entitlement or authority for any Dispute to be presented in a purported representative capacity on behalf of the general public or any other individuals.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or safeguard, or pertaining to the validity of, any of a Party's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Should this provision be deemed illegal or unenforceable, then neither Party will opt to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Information on the Services may contain typographical errors, inaccuracies, or omissions, including details regarding descriptions, pricing, availability, and various other pieces of information. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update the information on the Services at any time, without prior notification.
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR MALICIOUS CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE ACQUISITION OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD EXERCISE YOUR BEST JUDGMENT AND CAUTION WHERE APPROPRIATE.
IN NO CIRCUMSTANCE WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE ACCOUNTABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN INFORMED OF THE POTENTIAL FOR SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR ACCOUNTABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRECEDING ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU, AND YOU MAY POSSESS ADDITIONAL RIGHTS.
You agree to defend, protect, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, initiated by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful action towards any other user of the Services with whom you connected via the 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 will make reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data related to your use of the Services. Although we conduct regular routine backups of data, you are solely accountable for all data you transmit or that pertains to any activity you have undertaken using the Services. You agree that we shall bear no liability to you for any loss or corruption of any such data, and you hereby relinquish any right of action against us arising from any such loss or corruption of such data.
Accessing the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receiving electronic communications, and you agree that all agreements, notices, disclosures, and other communications we furnish to you electronically, via email and on the Services, fulfill any legal requirement that such communication be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature or the delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic methods.
Should any grievance with us not be satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operational guidelines posted by us on the Services or concerning the Services constitute the complete understanding and agreement between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be construed as a waiver of such right or provision. These Legal Terms are effective to the fullest extent permissible by law. We may transfer any or all of our rights and obligations to others at any time. We shall not be accountable or liable for any loss, damage, delay, or failure to act caused by any circumstance beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed separate from these Legal Terms and does not impact the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is established between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be interpreted against us by virtue of our having drafted them. You hereby relinquish any and all defenses you may have based on the electronic format of these Legal Terms and the absence of signing by the parties hereto to execute these Legal Terms.
To address a complaint regarding the Services or to obtain further details concerning the use of the Services, please contact us at: