We (“Company”, “we”, “us”, “website” or “our”).
We operate the Website (“Site”), as well as any other related products and services that reference or link to these Legal Terms (“Legal Terms”) (collectively, the “Services”).
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You can contact us via email at [your email here] or by mail at [your address here].
These legal terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and the website concerning your access to and use of the services. You agree that by accessing the services, you have read, understood, and agreed to be bound by all these legal terms. If you do not agree to all these legal terms, you are expressly prohibited from using the services, and you must stop using them immediately.
We will provide you with prior notice of any scheduled changes to the services you use. The modified legal terms will become effective upon their posting or upon notifying you, as stated in the email message. By continuing to use the services after the effective date of any changes, you agree to be bound by the modified terms.
We recommend printing a copy of these legal terms for your records.
The information provided when using the services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be in violation of the law or regulations, or would subject us to any registration requirement within that jurisdiction or country. Therefore, individuals who choose to access the services from other locations do so at their own initiative and are solely responsible for complying with local laws, if applicable, and to the maximum extent permitted.
The services are not designed to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you may not use the services. You may not use the services in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
Our Intellectual Property
We own or are licensed to all intellectual property rights in our services, including all source code, databases, functions, software, website designs, audio, video, text, photographs, and graphics in the services (collectively referred to as "Content"), as well as the trademarks, service marks, and logos contained therein ("Marks").
Our Content and Marks are protected under copyright, trademark (and many other intellectual property and unfair competition laws) and treaties in the United States and worldwide.
The Content and Marks are provided in or through the services "as is" for your personal or non-commercial use or for internal business purposes only.
Your Use of Our Services
Subject to your compliance with these legal terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, and revocable license to: access the services; and download or print a copy of any part of the content you have been properly authorized to access. Only for your personal or non-commercial use or for internal business purposes.
Except as provided in this section or elsewhere in our legal terms, you may not copy, reproduce, compile, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or exploit any part of the services or any content or marks in any way for any commercial purpose, without our prior written permission.
If you wish to use the services, content, or marks in a manner other than as set forth in this section or elsewhere in our legal terms, please direct your request to: [insert contact]. If we grant you permission to publicly post, reproduce, or display any part of our services or content, you must identify us as the owner or licensor of the services, content, or marks and ensure that any copyright or ownership notice appears when our content is posted, reproduced, or displayed.
We reserve all rights not expressly granted to you in 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 before using our services to understand (a) the rights you grant to us and (b) your obligations when submitting or uploading any content through the services.
Submissions: By submitting any question, comment, suggestion, idea, feedback, or other information regarding the services ("Submissions") directly to us, you agree to waive all intellectual property rights in this submission. You agree that we will own this submission and have the right to use and publish it without restriction for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The services may invite you to chat, contribute, or participate in blogs, message boards, online forums, and other features through which you may create, submit, post, display, transmit, distribute, or broadcast content and materials to us or through the services, including but not limited to text, writing, video, audio, photographs, music, graphics, comments, reviews or rating suggestions, personal information, or other materials ("Contributions"). Any submission posted publicly should also be treated as a Contribution.
You acknowledge 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 the 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 license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, 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 create derivative works from your contributions or incorporate them into other works, 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, franchise name, as applicable, and any trademarks, service marks, trade names, logos, personal and commercial images you provide.
You are responsible for what you post or upload: By submitting and/or posting contributions through any part of the services or making contributions available through the services by linking your account to any of your social media accounts, you: confirm that you have read and agree to our "Prohibited Activities" and will not post, submit, publish, upload, or transmit through the services any submission or post any contribution that is illegal, harassing, offensive, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person, group, or nationality, explicit, false, inaccurate, misleading, or deceptive; to the extent allowed by applicable law, waive any and all moral rights in 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 rights with respect 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 expressly agree to indemnify us for any and all losses we may incur due to your breach of (a) this section, (b) any third-party intellectual property rights, or (c) applicable law.
We may remove or modify your content: Although we are not obligated to monitor any contributions, we have the right to remove or edit any contributions at any time without notice if we reasonably believe that such contributions are harmful or violate these legal terms. If we remove or modify any of these contributions, we may also suspend or disable your account and report you to authorities.
Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on the services or through them infringes any copyright you own or control, please refer immediately to the "Digital Millennium Copyright Act (DMCA) Notice and Policy" section below.
By using the services, you represent and warrant the following: (1) all registration information you submit will be correct, accurate, current, and complete; (2) you will maintain the accuracy of this information and update your registration information promptly as necessary; (3) you have the legal capacity and agree to comply with these legal terms; (4) you are not a minor in the jurisdiction where you reside; (5) you will not access the services through automated or non-human means, such as through a bot or script, or otherwise; (6) you will not use the services for any illegal or unauthorized purpose; and (7) your use of the services will not violate any applicable law or regulation.
If you provide any incorrect, inaccurate, outdated, or incomplete information, we have the right to suspend or terminate your account and refuse any and all current or future use of the services (or any part thereof).
You may be required to register to use the services. You agree to keep your password confidential and will be responsible for all uses of your account and password. We reserve the right to remove, recover, or change any username you select if we determine, in our sole discretion, that the username is inappropriate, obscene, or otherwise objectionable.
We make every effort to display the colors, features, specifications, and details of the products available on the services as accurately as possible. However, we do not guarantee that the colors, features, specifications, and details of the products are accurate, complete, reliable, current, or error-free, and your electronic screen may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We accept the following payment methods:
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the services. You also agree to update your account and payment information promptly, including email address, payment method, and expiration date of the payment card, so that we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price as required by us. We may change the prices at any time.
You agree to pay all fees at the rates in effect at the time of your purchases and any applicable shipping fees, and authorize us to charge the payment provider you selected for such amounts when you submit your order. We reserve the right to correct any pricing errors, even if we have already requested or received payment.
We reserve the right to refuse any order submitted through the services. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account and/or the same payment method and/or orders that use the same billing or shipping address. We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Please review our return policy posted on the services before making any purchases.
We may include software for use in connection with our services. If this software is accompanied by an End-User License Agreement ("EULA"), the terms of the EULA will govern your use of the software. If this software is not accompanied by an End-User License Agreement, we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these legal terms. Any software and related documentation is provided "as is" without any warranties, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose or non-infringement. You accept all risks arising from the use or performance of any software. You may not reproduce or redistribute any software except as permitted by the End-User License Agreement or these legal terms.
You may not access or use the services for any purpose other than the purpose for which we provide the services. The services may not be used in connection with any commercial endeavors except those that are specifically approved or authorized by us.
As a user of the services, you agree not to:
The services may invite you to chat, contribute, or participate in blogs, message boards, online forums, and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as "Contributions"). Contributions may be viewable by other users of the services and through third-party websites. As such, any Contributions you submit may be treated as non-confidential and non-proprietary. By creating or making available any Contributions, you hereby represent and warrant the following:
Any use of the services that violates the above violates these legal terms and may result, among other things, in the termination or suspension of your rights to use the services.
By posting your Contributions in any part of the services or by making Contributions available to the services by linking your account from the services to any of your social network accounts, you automatically grant, and represent and warrant that you have the right to grant us, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid global license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, reformat, translate, transmit, excerpt (in whole or in part), and distribute these Contributions (including, for example, your name and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works from, or incorporate them into other works, such Contributions, and grant and authorize sublicenses of the foregoing. Such use and distribution may occur in any media formats and through any media channels.
This license applies to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, franchise name, as appropriate, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that no such moral rights have been asserted in your Contributions.
We do not claim ownership of your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any content or statements in your Contributions submitted to any area on the services. You are solely responsible for your Contributions to the services and expressly agree to indemnify us from any and all liability and to refrain from any legal action against us in connection with your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, modify, or change any Contributions; (2) to reclassify any Contributions to place them in more appropriate locations on the services; and (3) to pre-screen or delete any Contributions at any time for any reason, without notice. We are under no obligation to monitor your Contributions.
We may provide areas on the services for you to leave comments or reviews. When posting a review, you must adhere to the following standards: (1) You must have direct experience with the person/entity being reviewed; (2) Your reviews must not contain profanity, offensive language, racial slurs, or incite hate; (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 reference illegal activity; (5) Your reviews must not be from competitors in the case of posting negative reviews; (6) Your reviews must not make conclusions about the legitimacy of behavior; (7) You must not post false or misleading statements; and (8) You must not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept or reject reviews or remove them at our sole discretion. We are under no obligation to review or delete reviews, even if any person considers the reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our views or those of any of our affiliates or partners. We are not responsible for any review or for any claims, obligations, or losses arising from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, transferable, sublicensable license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to the review.
As part of the functionality of the services, you can link your account to online accounts you have with third-party service providers (each such account, a "Third-Party Account") by: (1) providing your login credentials to your Third-Party Account through the services; or (2) allowing us to access your Third-Party Account, as permitted by the terms and conditions governing your use of each Third-Party Account. You acknowledge and warrant that you have the right to disclose your Third-Party Account login credentials to us and/or grant us access to your Third-Party Account, without violating any terms and conditions governing your use of the applicable Third-Party Account, and without obligating us to pay any fees or subjecting us to any usage restrictions imposed by the third-party service provider for the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access any content you have provided and stored in your Third-Party Account ("Social Network Content") and make it available and store it (if possible) so that it is accessible on the services and through your account, including, but not limited to, any friend lists and (2) we may send to and receive from your Third-Party Account additional information to the extent you are notified when linking your account to the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in those Third-Party Accounts, personally identifiable information you post on your Third-Party Accounts may be made available on your account and through it on the services. Please note that if a Third-Party Account or the service linked to it becomes unavailable or if our access to this Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be available on the services and through it. 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 third-party service providers linked to your Third-Party Accounts is governed solely by the agreement(s) with the third-party service providers. We do not make any effort to review any Social Network Content for any purpose, including, but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access the email address book linked to your Third-Party Account and your contact list stored on your mobile or tablet device solely for the purpose of identifying and informing you of contacts that 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 available). We will attempt to delete any information stored on our servers obtained through this Third-Party Account, except for the username and profile picture that became linked to your account.
The services (or you may be directed through the site) may contain links to other websites ("Third-Party Sites") in addition to articles, photographs, texts, graphics, images, designs, music, sound, video, information, applications, software, and other content or items that belong to or originate from third parties ("Third-Party Content"). We do not investigate, monitor, or verify the accuracy or appropriateness or completeness of Third-Party Sites and Third-Party Content, and we are not responsible for any third-party websites accessed through the services or any third-party content posted on the services or made available through them or linked to them, including the content, accuracy, offensive material, opinions, reliability, privacy practices, or other policies contained in Third-Party Sites or Third-Party Content. The inclusion of, linking to, or allowing the use or installation of any Third-Party Sites or Third-Party Content does not imply our approval or endorsement of them. If you decide to leave the services and access Third-Party Sites or use or install any Third-Party Content, you do so at your own risk and should be aware that these legal terms no longer govern. You should review the applicable terms and policies, including privacy practices and data collection, for any website you visit from the services or regarding any applications you use or install from the services. Any purchases you make through Third-Party Sites will be through other websites and other companies, and we are not responsible for any kind of responsibility related to those purchases, which are strictly between you and the applicable third party. You agree and acknowledge that we do not endorse products or services provided on Third-Party Sites, and we should not be held liable for any damages resulting from your purchase of these products or services. Additionally, we should not be held liable for any losses or damages you incur in connection with or arising in any way from any Third-Party Content or any connection with Third-Party Sites.
We reserve the right, but have no obligation, to: (1) monitor the services for violations of these legal terms; (2) take appropriate legal action against anyone who violates, at our discretion, the law or these legal terms, including, but not limited to, reporting such user to law enforcement authorities; (3) at our discretion and without limitation, refuse or restrict access to or availability of or disable (to the extent technically possible) any of your contributions or any part thereof; (4) at our discretion and without notice or liability, remove from the services or disable all files and content that are oversized or in any way burden our systems; and (5) manage the services in a manner designed to protect our rights and property and facilitate the proper performance of the services.
We care about data privacy and security. Please review our Privacy Policy. By using the services, you agree to comply with our Privacy Policy, which is incorporated into these legal terms. Please note that the services are hosted in the United Kingdom. If you access the services from any other region of the world with laws or requirements governing the collection of personal data that differ from the laws applicable in the United Kingdom, by continuing to use the services, you are transferring your data to the United Kingdom and expressly consent to the transfer and processing of your data in the United Kingdom.
Notices
We respect the intellectual property rights of others. If you believe that any material available on the services or through them infringes on any copyrights you own or control, please notify our designated copyright agent immediately using the contact information provided below ("Notification"). A copy of your notification will be sent to the person who posted or stored the material addressed in the notice. Please note that under federal law, you may be liable for damages if you make any material misrepresentation in the notice. Therefore, if you are unsure whether the material on the services or linked to them infringes your copyright, you should first contact an attorney.
All notifications must meet the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c) (3), and must include the following information: (1) A physical or electronic signature of the person authorized to act on behalf of the owner of the alleged exclusive right being infringed; (2) Identification of the copyrighted work alleged to have been infringed, or, if the notification covers multiple copyrighted works on the services, a representative list of such works on the services; (3) Identification of the material that is claimed to be infringing or subject to infringement activity that should be removed or access to which should be disabled, along with sufficient information to reasonably allow us to locate the material; (4) Sufficient information to reasonably 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 contacted; (5) A statement that the complaining party has a good faith 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 notice is accurate, under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of the alleged exclusive right being infringed.
Counter-Notice
If you believe that your copyrighted material has been removed from the services due to a mistake or misidentification, you may send a written counter-notice to [us / our designated copyright agent] using the contact information provided below ("Counter-Notice"). To be effective under the Digital Millennium Copyright Act, your counter-notice must substantially include the following: (1) Identification of the material that was removed or disabled and the location where the material appeared before it was removed or disabled; (2) A statement that you consent to the jurisdiction of the federal district court in which your address is located, or if your address is outside the United States, any judicial district in which we are located; (3) A statement that you will accept service of process from the person who submitted the notice or their agent; (4) Your name, address, and phone number; (5) A statement under penalty of perjury that you have a good faith belief that the material 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.
If we receive a valid and written counter-notice that meets the above requirements, we will restore the removed or disabled material, unless we first receive notice from the party that submitted the original notification informing us that they have filed a lawsuit to prevent you from engaging in infringing activity related to the material in question. Please note that if you have made a material misrepresentation that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney fees. Submitting a false counter-notice constitutes perjury.
Designated Copyright Agent
These legal terms remain in full force and effect while you use the services. Without limiting any other provision of these legal terms, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the services (including blocking certain IP addresses) to any person for any reason or no reason, including but not limited to violation of any representation, warranty, or covenant contained in these legal terms or 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 notice, at 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 name, or the name of any third party, even if acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive relief.
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 availability of the services at all times. We may encounter hardware or software issues, or require maintenance related to the services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, or discontinue the services at any time or for any reason without notice to you. You agree that we will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the services during any suspension or downtime of the services. Nothing in these legal terms shall be interpreted as obligating us to maintain or support the services or provide any corrections, updates, or versions related to it.
These legal terms shall be governed by and construed in accordance with the laws of England, with the express application of the United Nations Convention on Contracts for the International Sale of Goods. If your usual residence is in the European Union, the United States, or any of the 62 other countries that are parties to the Convention, you also have the protection provided by the mandatory provisions of the law in your country of residence. This means you can bring a claim to defend your consumer protection rights in relation to these legal terms in England, or in any country that is a party to the Convention where you reside.
If you are a resident of the European Union, any disputes arising from or related to these legal terms will be resolved by an arbitrator appointed according to the arbitration rules and procedures of the European Court of Arbitration, which is part of the European Arbitration Center based in Strasbourg. The place of this arbitration shall be England. The English language shall be the dominant language in the proceedings. The governing law for these proceedings shall be the laws of England.
If you are a resident of the United States, disputes will be resolved through arbitration in the United States. The governing law for these proceedings shall be the laws of the United States of America.
For residents of any other country, the place and procedures for arbitration shall be the same as those outlined for residents of the European Union.
The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the maximum extent permitted by law, (a) no arbitration may be joined with any other proceeding; (b) there is no right or authority to arbitrate any dispute on a class action basis or to use class action procedures; and (c) there is no right or authority to bring any dispute as a purported representative action on behalf of the general public or any other persons.
The parties agree that the following disputes are not subject to the above provisions regarding binding arbitration: (a) any disputes seeking to enforce or protect, or relating to the validity of, any of the intellectual property rights of a party; (b) any dispute relating to or arising from allegations of theft, piracy, privacy violations, or unauthorized use; and (c) any claim for injunctive relief. If it is determined that this provision is unlawful or unenforceable, neither party shall elect to arbitrate any dispute that falls within the part of this provision that is found to be unlawful or unenforceable, and that dispute will be resolved in a court of competent jurisdiction within the courts listed above, and the parties consent to personal jurisdiction in that court.
There may be information on the services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other various 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.
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 maximum extent permitted by law, we disclaim all warranties, express or implied, regarding the services and your use of them, including, but not limited to, 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 content of the services or the content of any websites or mobile applications linked to the services, and we assume no liability or responsibility for any (1) errors or inaccuracies in the content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) unauthorized access to or use of our secure servers and/or any personal and/or financial information stored therein, (4) interruption or cessation of transmission to or from the services, (5) any errors, viruses, trojan horses, or the like that may be transmitted to or from 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, emailed, or otherwise transmitted through the services. We do not guarantee, endorse, or assume responsibility for any product or service advertised or offered by a third party through the services or any website linked to the services, 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 any purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Neither we nor our directors, employees, or agents shall be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages, including, without limitation, lost profits, lost revenues, or loss of data, or any 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 of action, regardless of the form of the action, shall at all times be limited to the amount paid, if any, by you to us in the six (6) months preceding the cause of action. Some U.S. states and international laws do not allow the exclusion or limitation of certain damages or the exclusion of warranties, so some or all of the above limitations may not apply to you, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our affiliates, subsidiaries, and all of our officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the services; (3) your 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, without limitation, intellectual property rights; or (6) any harmful act toward any other user of the services with whom you connected via the services. Notwithstanding the foregoing, we retain the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will make reasonable efforts to notify you of any claim or legal action that is subject to this indemnification once we become aware of it.
We will retain some of the data you submit 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 responsible for all data you submit or related to any activity you undertake using the services. You agree that we will not be liable to you for any loss or damage to any of this data, and you hereby waive any right to take action against us arising from any loss or damage to such data.
Visiting the services, sending emails to us, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the services, satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures and contracts, orders, and other records, and to the electronic delivery of notices, policies, and transaction records that we initiate or complete through the services. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or payments or credits by means other than electronic.
If a complaint has not been resolved to your satisfaction, 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 phone at (800) 952-5210 or (916) 445-1254.
These legal terms and any policies or operating rules posted by us on the services or in connection with 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 constitute a waiver of such right or provision. These legal terms shall be enforced to the maximum extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be liable for any loss, damage, delay, or failure to act due to any cause beyond our reasonable control. If any provision or part of any provision of these legal terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is severable from these legal terms and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these legal terms or your use of the services. You agree that these legal terms shall not be construed against us by reason of their having been drafted by us. You hereby waive any and all defenses you may have based on the electronic form of these legal terms and the lack of signature by the parties hereto to execute these legal terms.
To resolve a complaint regarding the services or to receive more information about using the services, please contact us at:
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