Ri
Gen
Last
updated
November 07, 2024
AGREEMENT TO OUR
LEGAL TERMS
We are RizzGen
(
"Company," "we," "us,"
"our" )
, a company registered in
India
at Priya, 2 Fulwadi Park
, Nana Mauva
Road, Rajkot
, Rajkot
,
Gujarat
360005
.
We operate the
website
https://rizzgen.ai
(the "Site" )
, as well as any other related products and
services that refer or link to these legal terms (the
"Legal Terms" )
(collectively, the "Services"
).
You can contact us by
phone at 9825521452 , email at [email protected]
,
or by mail to Priya, 2 Fulwadi Park
, Nana Mauva Road, Rajkot
, Rajkot
, Gujarat
360005
,
India
.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity ( "you" ), and RizzGen
, 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 of
these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that
may be posted on the Services 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 Legal Terms from time
to time . We will alert you about any changes by
updating the "Last updated" date of these Legal Terms, and you
waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of updates.
You will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Legal Terms by your continued use of the
Services after the date such revised Legal Terms are posted.
We recommend
that you print a copy of these Legal Terms for your records.
TABLE
OF CONTENTS
1. OUR
SERVICES
The information provided when using the Services 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 Services 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.
2. INTELLECTUAL PROPERTY
RIGHTS
Our
intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the
"Content" ), as well as the trademarks,
service marks, and logos contained therein (the
"Marks" ).
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United
States and around the world.
The Content and Marks are provided in or through the
Services "AS IS" for your
personal, non-commercial use or internal business purpose 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, revocable license
to:
- access the Services; and
- 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 or internal business purpose .
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services 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.
If you wish to make any use of the Services, Content,
or Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: [email protected] . If we
ever grant you the permission to post, reproduce, or publicly display any part of
our Services or Content, you must identify us as the owners or licensors of the
Services, Content, or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our Content.
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 .
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
" " 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.
By using the Services, 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 Legal Terms;
(4) you are not under the
age of 13;
(5) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (6) you will not access the Services
through automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for
any illegal or unauthorized purpose; and (8) your use of the Services 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 Services (or any portion
thereof).
4. USER
REGISTRATION
You
may be required to register to use the Services. 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.
We accept the following forms of payment:
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You
further agree to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we can complete
your transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments
shall be in
US dollars .
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize
us to charge your chosen payment provider for any such amounts upon placing
your order. We reserve the right to correct any errors or mistakes in pricing, even
if we have already requested or received payment.
We reserve the right to refuse any order placed
through the Services. We may, in 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, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to limit
or prohibit orders that, in our sole judgment , appear to be placed by dealers,
resellers, or distributors.
6.
SUBSCRIPTIONS
Billing and Renewal
Free Trial
We offer a 15 -day free trial to
new users who register with the Services.
The account will not be charged and the subscription will be
suspended until upgraded to a paid version at the end of the free trial.
Cancellation
Fee Changes
7. PROHIBITED
ACTIVITIES
You may
not access or use the Services for any purpose other than that for which we make
the Services available. The Services 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 Services, you agree not to:
- Systematically retrieve data or other content from the Services 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 Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services 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 Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in
unauthorized framing of or linking to the Services. - 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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- 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 (
"spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' 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 Services.
- 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
Services, or use or launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
unauthorized use of the Services, 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 Services as part of any effort to compete with
us or otherwise use the Services and/or the Content
for any revenue-generating
endeavor or commercial enterprise.
8. 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 Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - 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 Services and these Legal Terms.
- 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 Legal Terms, or any applicable law or regulation.
Any
use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
9. CONTRIBUTION
LICENSE
By
posting your Contributions to any part of the Services
, 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 Services. You are solely responsible for your Contributions to
the Services 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 Services; 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.
10. 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.
11. 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.
12. PRIVACY
POLICY
We care about
data privacy and security. Please review our Privacy Policy:
http://www.rizzgen.ai/privacy_policy
. 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
India
. 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
India
, then through your continued use of the Services,
you are transferring your data to
India
, and you expressly consent to have your data
transferred to and processed in
India
.
Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children. Therefore, in
accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided
personal information to us without the requisite and verifiable parental
consent, we will delete that information from the Services as quickly as is
reasonably practical.
13. 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.
14. 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.
15. 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 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.
16. GOVERNING
LAW
These Legal
Terms shall be governed by and defined following the laws of
__________
. RizzGen and yourself irrevocably consent that
the courts of
__________
shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal Terms.
17. 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
Any dispute arising out of or in connection with
these Legal Terms, including any question regarding its existence, validity, or termination,
shall be referred to and finally resolved by the International Commercial Arbitration Court
under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to
the Rules of this ICAC, which, as a result of referring to it, is considered as the part of
this clause. The number of arbitrators shall be two (2) . The
seat, or legal place, or arbitration shall be
Rajkot ,
India
. The language of the proceedings shall be English . The
governing law of these Legal Terms shall be substantive law of
India
.
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.
18. 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.
19.
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.
20. 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
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE three (3)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
.
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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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: