TABLE OF CONTENTS
These Terms of Service constitute a
legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and
Quandify AB (" Company ",
“we”, “us”, or
“our”), concerning your access to and use of the
https://portal.quandify.com
platform as well as any other media form, media channel, API,
mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”).
We are registered in
Sweden
and have our registered office at
Gustavslundsvägen 151E , Stockholm ,
Stockholm
16751 . Our VAT number is
SE559134590401. You agree that by
accessing the Site, you have read, understood, and agree to be bound
by all of these Terms of Service . IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF SERVICE , 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 Service
from time to time . We will alert you about any changes by updating the “Last
updated” date of these Terms of Service , 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 Service by your
continued use of the Site after the date such revised
Terms of Service 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 Service , 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 Service ;
(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).
4. USER REGISTRATION
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.
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some
of our services. You agree to provide current, complete, and
accurate purchase and account information for all purchases
made via the Site. 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. We
bill you through an online billing account for purchases made
via the Site. 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
SEK .
You agree to pay all charges or fees at the prices then in
effect for your purchases, and you authorize us to charge your
chosen payment provider for any such amounts upon making your
purchase.
If your purchase is subject to recurring charges, then you
consent to our charging your payment method on a
recurring basis without requiring your prior approval
for each recurring charge, until you notify us of your
cancellation.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received
payment. We also reserve the right to refuse any order placed
through the Site.
We offer a
30 -day free trial to new users who register with the Site.
The account will be charged according to the user’s
chosen subscription
at the end of the free trial.
If you are unsatisfied with our services, please email us at
support@quandify.com .
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. -
Reverse engineer software
9. 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 Service . -
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 Service . - 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 Service , or any applicable law or regulation.
Any use of the Site in violation of the foregoing
violates these Terms of Service and may
result in, among other things, termination or suspension
of your rights to use the Site.
10. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process,
and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such
feedback for any purpose without compensation to you.
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.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application,
then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use
the mobile application on wireless electronic
devices owned or controlled by you, and to access
and use the mobile application on such devices
strictly in accordance with the terms and
conditions of this mobile application license
contained in these
Terms of Service .
You shall not: (1) except as permitted by
applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of,
or decrypt the application; (2) make any
modification, adaptation, improvement,
enhancement, translation, or derivative work from
the application; (3) violate any applicable laws,
rules, or regulations in connection with your
access or use of the application; (4) remove,
alter, or obscure any proprietary notice
(including any notice of copyright or trademark)
posted by us or the licensors of the application;
(5) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose
for which it is not designed or intended; (6) make
the application available over a network or other
environment permitting access or use by multiple
devices or users at the same time; (7) use the
application for creating a product, service, or
software that is, directly or indirectly,
competitive with or in any way a substitute for
the application; (8) use the application to send
automated queries to any website or to send any
unsolicited commercial e-mail; or (9) use any
proprietary information or any of our interfaces
or our other intellectual property in the design,
development, manufacture, licensing, or
distribution of any applications, accessories, or
devices for use with the application.
The following terms apply when you use a mobile
application obtained from either the Apple Store
or Google Play (each an “App Distributor”) to
access the Site: (1) the license granted to you
for our mobile application is limited to a
non-transferable license to use the application on
a device that utilizes the Apple iOS or Android
operating systems, as applicable, and in
accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2)
we are responsible for providing any maintenance
and support services with respect to the mobile
application as specified in the terms and
conditions of this mobile application license
contained in these
Terms of Service or
as otherwise required under applicable law, and
you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance
and support services with respect to the mobile
application; (3) in the event of any failure of
the mobile application to conform to any
applicable warranty, you may notify the applicable
App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund
the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted
by applicable law, the App Distributor will have
no other warranty obligation whatsoever with
respect to the mobile application; (4) you
represent and warrant that (i) you are not located
in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S.
government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. government
list of prohibited or restricted parties; (5) you
must comply with applicable third-party terms of
agreement when using the mobile application, e.g.,
if you have a VoIP application, then you must not
be in violation of their wireless data service
agreement when using the mobile application; and
(6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the
terms and conditions in this mobile application
license contained in these
Terms of Service ,
and that each App Distributor will have the right
(and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile
application license contained in these
Terms of Service
against you as a third-party beneficiary
thereof.
12. 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.
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.
14. THIRD-PARTY WEBSITES 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 Service 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.
15. U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in
Federal Acquisition Regulation (“FAR”) 2.101. If our
services are acquired by or on behalf of any agency not
within the Department of Defense (“DOD”), our services
are subject to the terms of these
Terms of Service in
accordance with FAR 12.212 (for computer software) and
FAR 12.211 (for technical data). If our services are
acquired by or on behalf of any agency within the
Department of Defense, our services are subject to the
terms of these Terms of Service in
accordance with Defense Federal Acquisition Regulation
(“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD.
This U.S. Government Rights clause is in lieu of, and
supersedes, any other FAR, DFARS, or other clause or
provision that addresses government rights in computer
software or technical data under these
Terms of Service .
We reserve the right, but not the obligation, to: (1)
monitor the Site for violations of these
Terms of Service ; (2) take
appropriate legal action against anyone who, in our sole
discretion, violates the law or these
Terms of Service , 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.
17. PRIVACY POLICY
We care about data privacy and security. Please
review our Privacy Policy:
https://quandify.com/privacy-policy/ . By using the Site, you agree to be bound by our
Privacy Policy, which is incorporated into these
Terms of Service .
Please be advised the Site is hosted in
Sweden . 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
Sweden , then through your continued use of the
Site, you are transferring your data to
Sweden , and you agree to have your data transferred to
and processed in
Sweden .
These Terms of Service shall
remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF SERVICE , 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 SERVICE 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 Service will be
construed to obligate us to maintain and support the Site
or to supply any corrections, updates, or releases in
connection therewith.
These conditions are governed by and interpreted
following the laws of Sweden , and the
use of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. If your
habitual residence is in the EU, and you are a consumer,
you additionally possess the protection provided to you by
obligatory provisions of the law of your country of
residence. Quandify AB and
yourself both agree to submit to the non-exclusive
jurisdiction of the courts of
Stockholm , which means that
you may make a claim to defend your consumer protection
rights in regards to these Conditions of Use in
Sweden , or in the EU country in which you reside.
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these
Terms of Service
(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
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 from the relationships between the Parties to
this contract shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of
the European Court of Arbitration being part of the European
Centre of Arbitration having its seat in Strasbourg, and which are
in force at the time the application for arbitration is filed, and
of which adoption of this clause constitutes acceptance. The seat
of arbitration shall be Stockholm ,
Sweden .
The language of the proceedings shall be
English . Applicable rules of
substantive law shall be the law of
Sweden .
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.
22. CORRECTIONS
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.
23. DISCLAIMER
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.
24. 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 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
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.
25. 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) use of the Site; (2) breach of these
Terms of Service ; (3) any breach of
your representations and warranties set forth in these
Terms of Service ; (4) your
violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) 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.
26. USER DATA
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.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
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.
28. 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.
29. MISCELLANEOUS
These Terms of Service 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 Service shall not operate
as a waiver of such right or provision. These
Terms of Service 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 Service is determined to
be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these
Terms of Service 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 Service or use of the
Site. You agree that these Terms of Service 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 Service and the lack of
signing by the parties hereto to execute these
Terms of Service .
30. CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us
at: