If you have entered into another agreement with us concerning specific services, then the terms of that agreement controls where it conflicts with these Terms.
BY USING SERVICES, YOU HEREBY CONSENT TO THESE TERMS.
1. USE OF SERVICES AND USER ACCOUNTS
1.1 Eligibility. Our Services target adults who are allowed by law to enter into a binding contract in the United States. If you are under the age of legal majority in United States or where you access our Services, you shall be accompanied with your legal guardian, and you represent and warrant that such legal guardian has read, understood and agreed to these Terms. If you do not meet all of these requirements, you must not use our Services or submit any personal information to us. When you accept or agree to these Terms on behalf of a company, organization or other legal entity (together, “Legal Entity”), you represent and warrant that you are duly authorized to use our Services by your respective Legal Entity.
1.2 User Accounts. We may require you to register a user account for your use of any part of our Services. To create a user account, you will be required to provide accurate, current and complete information and to update such information to keep it accurate, current and complete. We reserve the right to suspend, delete or terminate your account when any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for keeping your account and password safe and take sole responsibility for any activities or actions under your account occurred by your failure to keep your account and password safe. You are required to immediately notify us of any unauthorized use of your account, password, or other breach of security. We will not be liable for any loss or damage that you may suffer as a result of someone else using your account, either with or without your knowledge. You will be liable for any and all losses incurred by us and/or any of our licensors due to someone else using your account.
You may cancel your account at any time by sending us email at firstname.lastname@example.org;provided that such cancellation does not relieve you of any obligation to pay any outstanding fees (if any).
2.1 Ownership. Unless otherwise provided in these Terms, we reserve all rights, title and interest in and to all and any part of our Services, including all associated intellectual property rights such as logo, trademarks, names, designs, and slogans which shall not be deleted or modified without our prior written permission. You are hereby granted with a limited, non-exclusive, non-transferable, world-wide license, without the right to sub-license, to use our Services on the condition of your compliance with these Terms. Any attempt to remove, alter or delete any proprietary rights notices inserted in our Services shall be prohibited.
2.2 Restrictions. You represent and warrant that you (i) are eligible to agree to these Terms; (ii) use Services for your intended and lawful purposes; and (iii) comply with all applicable federal, state, local, or international laws and regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries) and these Terms with respect to your use of Services. You will not use, copy, modify, decompile, reverse engineer, disassemble, attempt to derive the source code of, distribute, license, sell, rent, transfer, transmit, disclose or otherwise exploit any of information or materials included in any part of our Services, except as expressly permitted by us or as permitted under applicable laws. You agree not to use our Services to transmit any advertising or promotional material or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which may harm us or users of our Services or expose them to liability. Any unauthorized use of our Services is strictly prohibited and we may ban your use of Services. Furthermore, we have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Unless required by separate agreements, you are not required to pay fees for use of our Service; provided that, where some aspects of our Services require the payment of fees, we may cancel your access to Services when any payment is not made on time pursuant to such agreements.
6. TERMINATION AND ACCOUNT CANCELLATION
6.1 Termination. We may additionally suspend, delete or terminate your account at any time, with or without notice to you, when it is believed in our sole opinion that you are in violation of any of these Terms. You may voluntarily cancel your account pursuant to Article 1.2 above.
6.2 Account Cancellation. Upon Cancellation, we will no longer provide any Services to you, and your license to use our Services granted under Article 2.1 will immediately cease. Any such cancellation will not, however, relieve you of any obligation to pay any outstanding fees (if any).
Any links to third party websites are for your convenience and the inclusion of such links in our Services does not imply any guarantee, warranty or representation by us of the quality or accuracy of the information, materials or any services provided to you on those third party websites.
8. REPRESENTATIONS, WARRANTIES AND COVENANTS
Our Services are provided “AS IS” and “AS AVAILABLE”, without warranty of any kind. We and our licensors (if any) disclaim all warranties and conditions, express or implied, including but not limited to any implied warranties and conditions of error-free operation, merchantability, of satisfactory quality, of fitness for a particular purpose, title, quiet enjoyment, and non-infringement, of accuracy and any warranties and conditions about Services. No advice or information, whether oral or written, obtained from us will create any warranty or condition not expressly stated in these Terms, and any reliance you place on such information or advice is strictly at your own risk.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold us, our officers, directors, employees and agents (if any) harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, but not limited to reasonable legal fees, arising out of (i) your access to or use of our Services; or (ii) your violation of these Terms andlor any applicable law.
10. LIMITATION OF LIABILITY
OUR TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY RELATED TO SERVICES WILL BE LIMITED TO THE GREATER OF (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ANY SERVICES, OR (II) ONE HUNDRED DOLLARS (USD 100). IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON AGREEMENT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE OR ANY OF OUR LICENSORS (IF ANY) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. ABOVE LIMITATION OR EXCLUSION WILL BE APPLIED TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING DOES NOT AFFECT ANY LIABILITIY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California without regard to or application of conflict of laws rules or principles.
11.2 Arbitration. Any disagreement, dispute, controversy or claim arising out of or relating to these Terms or the interpretation hereof or any arrangements relating hereto or contemplated herein or the breach, termination or invalidity hereof shall be finally settled by an arbitration. The proceedings shall be conducted in the English language, and it shall take place in California under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of California. The award made in such arbitration may be entered into in any court having jurisdiction thereof, and nothing contained in this provision shall be construed to limit or preclude a party from bringing an action in any court of competent jurisdiction for the purpose of any such awards. Arbitration fees and expenses of the prevailing party shall be borne by the losing party.
12.1 Entire agreement. These Terms constitute the complete and final understanding of the parties with respect to the subject matter, unless you and we have executed a separate agreement governing your use of our Services. To the extent that these Terms and any subsequently entered business agreement are inconsistent, the terms and conditions of such subsequently entered business agreement will govern.
12.2 Severability. If any provision of these Terms is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such provision shall be deemed reformed, if practicable, or deleted, if not practicable, as the case may be, but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule, and the remaining provisions of these Terms shall remain in full force and effect.
12.3 Notices. We may make changes to these Terms. In such case, we will notify such updates by either using a bar placed across the websites, emails, newsletter, blog or any other public notices that can be easily found.
12.4 Assignment. These Terms along with all rights, duties and obligations, and your user account hereunder are personal to you and may not be assigned, delegated or otherwise transferred by either party, by operation of law or otherwise, without our prior written consent, and any attempt to do so, without such consent, will be void.
Should you have any questions, suggestions, ideas, feedbacks, comments or complaints (together “Feedback”), please feel free to contact us at email@example.com.We may use your Feedback for purposes of improving our Services without any obligation to you.