These Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and
AdvanceH2, LLC (" Company ,"
“we," “us," or “our”),
concerning your access to and use of the
https://www.advanceh2.com
website as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the
“Site”).
We are registered in
Texas ,
United States
and have our registered office at
7941 Katy Freeway #134 , Houston ,
TX
77024 . You agree that by accessing the Site, you
have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU
DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to
these Terms of Use from time to time . We will alert you about any changes by updating the “Last updated” date of
these Terms of Use, and you waive any right to receive specific notice of each
such change. Please ensure that you check the applicable Terms every time you
use our Site so that you understand which Terms apply. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the changes
in any revised Terms of Use by your continued use of the Site after the date
such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use this Site. You may not use the Site in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
Unless otherwise indicated, the Site is our proprietary property and all source
code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as expressly provided
in these Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of any
portion of the Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted to you
in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these
Terms of Use; (4) you are not a minor in the jurisdiction in which you reside ; ( 5) you will not access the Site through automated or non-human means, whether
through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and
(7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which
we make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved
by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
-
Use the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
-
Use the Site to advertise or offer to sell goods and
services.
-
Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms
of Use and may result in, among other things, termination or suspension
of your rights to use the Site.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking
your account from the Site to any of your social networking
accounts , you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works
of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and 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 waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you expressly agree
to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact,
or otherwise change any Contributions; (2) to re-categorize any Contributions
to place them in more appropriate locations on the Site; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Site 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 hate 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 reviews.
9. SOCIAL MEDIA
As part of the functionality of the Site, 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 Site; 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 Site 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 Site. 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 Site. You will have the ability to disable the
connection between your account on the Site 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 Site. You can deactivate the
connection between the Site 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.
10. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site ("Submissions") provided by
you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation
to you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have
the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
11. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) 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 Site or any Third-Party Content posted on, available through, or installed
from the Site, 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 Site 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
Terms of Use 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 Site or relating to any applications you use or install from
the Site. 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 harmless from any
harm caused by your purchase of such products or services. Additionally, you shall
hold us harmless 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.
We allow advertisers to display their advertisements and other
information in certain areas of the Site, such as sidebar advertisements
or banner advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any
services provided on the Site or products sold through those
advertisements. Further, as an advertiser, you warrant and represent that
you possess all rights and authority to place advertisements on the Site,
including, but not limited to, intellectual property rights, publicity
rights, and contractual rights. We simply
provide the space to place such advertisements, and we have no other
relationship with advertisers.
We reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
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 Site
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 Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: http://www.advanceh2.com/privacy . By using the Site, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site is hosted
in
the
United States . If you access the Site 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 Site, you are transferring your
data to
the
United States , and you agree to have your data transferred to and processed in
the
United States .
These Terms of Use shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (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 TERMS
OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE 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.
We reserve the right to change, modify, or remove the contents of the Site at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Site. We also reserve the
right to modify or discontinue all or part of the Site 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 Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Site 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 Site during any
downtime or discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed by and construed in
accordance with the laws of
the State of
Texas
applicable to agreements made and to be entirely performed within the State of
Texas , without regard to its conflict of law principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each "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
ninety (90)
days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
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 through 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
AAA website: www.adr.org. 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.
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
Harris ,
Texas . 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
Harris ,
Texas , 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) is excluded from these Terms of Use.
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.
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations and
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.
There may be information on the Site 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
Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR 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 SITE 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 SITE’S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THE SITE 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 SITE, (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 SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SITE 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SITE, 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.
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 SITE,
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
$1.00 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.
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 Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these
Terms of Use; (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 Site with whom you connected via
the Site. 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.
We will maintain certain data that you transmit to the Site for the purpose
of managing the performance of the Site, as well as data relating to your
use of the Site. 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 Site. 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.
Visiting the Site, 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
Site, 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 SITE. 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.
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.
These Terms of Use and any policies or operating rules posted by us on the
Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use 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 Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Terms of Use 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 Terms of Use or use of the Site. You
agree that these Terms of Use 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 Terms of Use and the lack of signing
by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Phone: (+1)8326893527