We reserve
all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach
of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services
will terminate immediately.
Your
submissions and
contributions
Please
review this section and the "PROHIBITED
ACTIVITIES" section carefully
prior to using our Services to understand the (a) rights you
give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By
directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ("Submissions"), you agree to
assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment
or compensation to you.
Contributions:
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other
functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal
information, or other material ("Contributions"). Any Submission
that is publicly posted shall also be treated as a Contribution.
You
understand that Contributions may be viewable by other users of
the Services and possibly
through third-party websites.
When
you post Contributions, you grant us a license (including use of
your name, trademarks, and logos): By posting
any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name,
and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into
other works, your Contributions, and to sublicense the licenses granted in this
section. Our use and distribution may occur in any media formats
and through any media channels.
This license includes our use of
your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.
You
are responsible for what you post or upload: By
sending us Submissions and/or
posting Contributions
through any part of the Services
or making Contributions accessible through the Services by
linking your account through the Services to any of your social
networking accounts,
you:
- confirm that you have read and agree
with our "PROHIBITED ACTIVITIES" and will not post,
send, publish, upload, or transmit through the Services any
Submission nor post any
Contribution
that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;
- to the extent permissible by
applicable law, waive any and all moral rights to any such
Submission and/or
Contribution;
- warrant
that any such Submission
and/or Contributions
are original to you or that you have the necessary rights and
licenses to submit such
Submissions and/or
Contributions
and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant
and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your
Submissions and/or
Contributions and
you expressly agree to reimburse us for any and all losses that we
may suffer because of your breach of (a) this section, (b) any
third party’s intellectual property rights, or (c) applicable law.
We
may remove or edit your Content: Although we have no
obligation to monitor any Contributions, we shall have the right
to remove or edit any Contributions at any time without notice if
in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and
report you to the authorities.
Copyright
infringement
We respect
the intellectual property rights of others. If you believe that
any material available on or through the Services infringes upon
any copyright you own or control, please immediately refer to the
"
COPYRIGHT
INFRINGEMENTS"
section below.
12.
GUIDELINES FOR REVIEWS
We
may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience
with the person/entity being reviewed; (2) your reviews should
not contain offensive profanity, or abusive, racist, offensive,
or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make
any conclusions as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8) you may not
organize a campaign
encouraging others to post reviews, whether positive or
negative.
We
may accept, reject, or remove reviews in our sole discretion.
We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable
or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting
from any review. By posting a review, you hereby grant to 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 relating to review.
13.
MOBILE APPLICATION LICENSE
Use License
If
you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or
controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this
mobile application license contained in these
Legal Terms. You shall not: (1) except as permitted by
applicable law, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the App; (2)
make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the App; (3) violate any
applicable laws, rules, or regulations in connection with your
access or use of the App; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the
App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or
intended; (6) make the App available over a network or other
environment permitting access or use by multiple devices or
users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the App; (8) use
the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary
information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for
use with the App.
Apple
and Android Devices
The
following terms apply when you use the App obtained from either
the Apple Store or Google Play (each an "App Distributor") to access the
Services: (1) the license granted to you for
our App is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in accordance with
the usage rules set forth in the applicable App Distributor’s
terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application
license contained in these
Legal Terms or as otherwise required under applicable law, and
you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with
respect to the App; (3) in the event of any failure of the App
to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase
price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no
other warranty obligation whatsoever with respect to the App;
(4) you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that has
been designated by the US government as a "terrorist supporting" country and (ii) you
are not listed on any US government list of prohibited or
restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the App, e.g., if you have a VoIP
application, then you must not be in violation of their wireless
data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile
application license contained in these
Legal Terms, and that each App Distributor will have the right
(and will be deemed to have accepted the right) to enforce the
terms and conditions in this mobile application license contained in these
Legal Terms against you as a third-party beneficiary thereof.
14. SOCIAL
MEDIA
As
part of the functionality of the Services, you may link
your account with online accounts you have with
third-party service providers (each such account, a "Third-Party Account") by either:
(1) providing your Third-Party Account login information
through the Services; or (2) allowing us to access your
Third-Party
Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled
to disclose your Third-Party
Account login information to us and/or grant us access
to your Third-Party
Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or
making us subject 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 that
you have provided to and stored in your Third-Party
Account (the "Social Network Content") so that it
is available 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 choose and subject to the privacy settings
that you have set in such Third-Party
Accounts, personally identifiable information that you
post to your Third-Party
Accounts may be available on and through your account on
the Services. Please note 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
available on and through the Services. You will have the
ability to disable the connection between your account
on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We
make no effort to review any Social Network Content for
any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not
responsible for any Social Network Content. You
acknowledge and agree that we may access your email
address book associated with a Third-Party
Account and your contacts list stored on your mobile
device or tablet computer solely for purposes 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 contact information
below or through your account settings (if applicable).
We will attempt to delete any information stored on our
servers that was obtained through such Third-Party
Account, except the username and profile picture that
become associated with your account.
15. THIRD-PARTY
WEBSITES AND CONTENT
The
Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other
content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and
Third-Party Content
are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not
responsible 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. Inclusion of, linking to, or permitting the use or
installation of any Third-Party
Websites or any Third-Party Content
does not imply approval or endorsement thereof by us. If you
decide to leave the Services and access the Third-Party Websites or
to use or install any Third-Party
Content, you do so at your own risk, and you should be aware
these Legal Terms no longer govern. You should review the
applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from
the Services or relating to any applications you use or install
from the Services. Any purchases you make through Third-Party Websites will
be through other websites and from other companies, and we take
no responsibility whatsoever in relation to 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 blameless from any harm caused by
your purchase of such products or services. Additionally, you
shall hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party
Websites.
16. ADVERTISERS
We
allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other
relationship with advertisers.
17. SERVICES
MANAGEMENT
We reserve
the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the
law or these Legal Terms, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to,
limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are 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 functioning of the Services.
18. PRIVACY
POLICY
We
care about data privacy and security. Please review our Privacy
Policy: https://app.termly.io/document/privacy-policy/84de4df1-9f74-43e9-b81a-6aac250d8154.
By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in the
United States.
If you access the Services from any other region of the world
with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws
in the United
States, then through your continued
use of the Services, you are transferring your data to the United
States, and you expressly consent to
have your data transferred to and processed in the United
States.
19. COPYRIGHT
INFRINGEMENTS
We
respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please
immediately notify us using the contact information provided
below (a "Notification"). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if
you are not sure that material located on or linked to by the
Services infringes your copyright, you should consider first
contacting an attorney.
20. TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN 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 THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
21. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to
update any information on our Services. We also reserve the right to
modify or discontinue all or part of the Services without notice
at any time. We
will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Services.
We
cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
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 notice
to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance
of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
22. GOVERNING
LAW
These
Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of the
State of Delaware
applicable to agreements made and to be entirely performed
within the
State of Delaware, without
regard to its conflict of law principles.
23. DISPUTE
RESOLUTION
Informal
Negotiations
To expedite resolution and control the
cost of any dispute, controversy, or claim related to these
Legal Terms (each a "Dispute"
and collectively, the "Disputes") brought by either
you or us (individually, a "Party"
and collectively, the "Parties"), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding
Arbitration
If the Parties are unable to resolve a
Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT
AND HAVE A JURY TRIAL. The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes ("AAA Consumer Rules"), both of which are
available at the American
Arbitration Association (AAA) website. Your
arbitration fees and your share of arbitrator compensation shall
be governed by the AAA Consumer Rules and, where appropriate,
limited by the AAA Consumer Rules. If
such costs are determined by the arbitrator to be excessive, we
will pay all arbitration fees and expenses. The arbitration may
be conducted in person, through the submission of documents, by
phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable
law, and any award may be challenged if the arbitrator fails to
do so. Except where otherwise required by the applicable AAA
rules or applicable law, the arbitration will take place in New York,
New York. Except as otherwise
provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered
by the arbitrator.
If for any reason, a Dispute proceeds
in court rather than arbitration, the Dispute shall be commenced
or prosecuted in the state
and federal courts located
in
New York,
New York, and the Parties hereby consent to,
and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state
and federal courts.
Application of the United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these
Legal Terms.
In
no event shall any Dispute brought by either Party related in
any way to the Services be commenced more than one (1) years after the cause of action
arose. If this
provision is found to be illegal or unenforceable, then neither
Party will elect 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.
Restrictions
The Parties agree that
any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal
Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (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. If this provision is found to be illegal or
unenforceable, then neither Party will elect 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.
24. CORRECTIONS
There may be
information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right
to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior
notice.
25.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE 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, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT 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 OF 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 THE LIKE
WHICH 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 PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
26. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW 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 APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
27. INDEMNIFICATION
You agree
to
defend, indemnify, 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, made 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 act
toward 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 use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification
upon becoming aware of it.
28. USER
DATA
We will
maintain
certain data that you transmit to the Services for the purpose
of managing the
performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you
transmit or that
relates to any activity you have undertaken using the Services.
You agree
that we shall have no liability to you for any loss or
corruption of any such
data, and you hereby waive any right of action against us
arising from any such
loss or corruption of such data.
29. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO 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 which require an original
signature or delivery or retention of non-electronic records, or
to payments or the granting of credits by any means other than
electronic means.
30. CALIFORNIA
USERS AND RESIDENTS
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 writing at 1625 North Market
Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916)
445-1254.
31. MISCELLANEOUS
These Legal
Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause 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
severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these
Legal Terms or use of the Services. You agree that these Legal
Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based
on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.
32. CONTACT
US
In order to
resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
My Cancer Family, Inc.
STREET
ADDRESS
WILMINGTON,
DE
United
States
Phone: (+1) 9175096781
Fax:
(+1)888888888888
family@mycancerfamily.com