Last
updated
January 05, 2024
AGREEMENT TO OUR
LEGAL
TERMS
We are
Creation Research PTY LTD
, doing business as
Creation Research LIVE
and Creation Research
(
"Company," "we," "us,"
"our" )
, a company registered in
Australia
at 23
Lyndon Road
, Capalaba
4157
.
Our VAT number is 083158347.
We operate
the
website
http://www.creationresearch.live
(the "Site" )
,
the mobile application
CR LIVE (the
"App"
) , 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
+61418474792 , email at
help@creationresearch.live
,
or by mail to
23 Lyndon Road
, Capalaba
4157
,
Australia
.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity ( "you"
), and Creation Research PTY LTD , 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.
We will provide you with prior notice of any
scheduled changes to the Services you are using. The modified Legal Terms will
become effective upon
posting or notifying you by help@creationresearch.live
, 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 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.
The Services are 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 the Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley
Act (GLBA).
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
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 .
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: help@creationresearch.live .
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
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.
You are responsible for what you post or
upload: By
sending us Submissions through any part of
the Services you:
- confirm that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission 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
; - warrant that any such Submission
are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and - warrant and represent that your Submissions
do not constitute confidential information.
You are solely
responsible
for your Submissions 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.
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 a minor
in the jurisdiction in
which you reside
; ( 5) you will not access
the Services through
automated or non-human means, whether through a bot, 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 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.
5.
PRODUCTS
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.
If your order 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 such time as you cancel
the applicable 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.
7. REFUNDS POLICY
All sales are final and no refund will be issued.
8.
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
- 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 (
- 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
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
- 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
-
Use the Services to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile. -
Sharing of account details outside your immediate household. -
Making illegal copies of any product offered (i.e. screen capture, screen sharing etc.), as well as sharing on illegal websites (i.e. torrenting)
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
authorize - 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 - Your
Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous - 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.
10.
CONTRIBUTION
LICENSE
You
and Services agree
that we may access, store, process, and use any information and personal
data that you provide
and your choices (including
settings).
By
submitting suggestions
or other feedback regarding the Services, 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 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.
11.
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.
12.
MOBILE APPLICATION
LICENSE
Use License
If you
access the Services
via the App, then we grant you a revocable, non-exclusive, non-transferable,
limited right to
install and use the App on wireless electronic devices owned or controlled by
you, and to access and
use the App on such devices strictly in accordance with the terms and conditions
of this mobile
application license
contained in these Legal Terms. You shall not: (1) except as permitted by
applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt
the App; (2) make
any modification, adaptation, improvement, enhancement, translation, or
derivative work from the
App; (3) violate any applicable laws, rules, or regulations in connection with
your access or use of
the App; (4) remove, alter, or obscure any proprietary notice (including any
notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavor , commercial
enterprise, or other purpose for which it is not designed or intended; (6) make
the App available
over a network or other environment permitting access or use by multiple devices
or users at the
same time; (7) use the App for creating a product, service, or software that is,
directly or
indirectly, competitive with or in any way a substitute for the App; (8) use the
App to send
automated queries to any website or to send any unsolicited commercial email; 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 App.
Apple
and Android
Devices
The
following terms apply
when you use the App obtained from either the Apple Store or Google Play (each
an "App Distributor" )
to access the Services: (1) the license granted to you for our App 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 App as specified in the terms and conditions of this mobile
application license contained in
these Legal Terms 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 App; (3) in the event of any failure of the App 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 App,
and to the maximum
extent permitted by applicable law, the App Distributor will have no other
warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you
are not located in a
country that is subject to a US government embargo, or that has been designated
by the US government
as a "terrorist supporting" country and (ii) you are not
listed on any US
government list of prohibited or restricted parties; (5) you must comply with
applicable third-party
terms of agreement when using the App, e.g. ,
if you have a VoIP application,
then you must not be
in violation of their wireless data service agreement when using the App; 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 Legal
Terms, 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 Legal
Terms against you as a
third-party beneficiary thereof.
13.
THIRD-PARTY WEBSITES AND CONTENT
The Services
may contain (or
you may be sent via the Site or App
) 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 Services or any Third-Party
Content posted on, available through, or installed from the Services, 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 Services 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 Legal Terms 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 Services
or relating to any applications you use or install from the Services. 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 blameless from any harm caused by your purchase of such products or
services.
Additionally, you shall hold us blameless 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.
14.
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.
15.
PRIVACY POLICY
We care about
data privacy and
security. By using the Services, you agree to be bound by our Privacy Policy posted on
the Services,
which is incorporated into these Legal Terms. Please be advised the Services are hosted
in
the United Kingdom
. 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
the United Kingdom
, then through your continued use of the Services,
you are
transferring your data to
the United Kingdom
, and you expressly consent to have your data
transferred to and
processed in
the United Kingdom
.
16.
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.
17.
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.
18.
GOVERNING LAW
These Legal
Terms are governed
by and interpreted following the laws of the United
Kingdom
, and the use of the United Nations
Convention of Contracts for
the International Sales 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 in
your country to residence. Creation Research PTY LTD and yourself
both agree to
submit to the non-exclusive jurisdiction of the courts of London ,
which means
that you may make a claim to defend your consumer protection rights in regards to these Legal
Terms in the United Kingdom
, or in the EU country in which you reside.
19.
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 from the relationships between the Parties to these Legal Terms 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
London ,
United Kingdom
. The language of the proceedings shall be
English
. Applicable rules of substantive law shall be the law of the
United Kingdom
.
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.
20.
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.
21.
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.
22.
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
two
(2)
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.
23.
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 Services; (2) breach of these Legal Terms;
(3) any breach of your
representations and warranties set
forth in these Legal Terms; (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
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.
24.
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.
25.
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.
26.
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.
27.
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.
28.
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: