TERMS OF SERVICE
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf
of an entity (“you” as “Customer” or as “User”) and Easy
Dish ("Company," “we,"
“us," or “our https://www.everdish.net> website
as well as any
other media form, media channel, mobile website or mobile application related, linked, or otherwise connected
thereto (collectively, the “Site”).
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 Use from time to time. We will alert you about any changes by updating the
“Last updated” date of these Terms of Use, 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 Use by your continued use of the Site after the date such revised Terms of
Use 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.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to use the Site.
2. PAYMENTS AND SUBSCRIPTIONS FOR PRODUCTS AND
SERVICES
Fees for Services are posted on the Site and are subject to change. The amount of the fee is determined by
the level of Services Customer purchases. The fees will be automatically charged to your credit card account or
such other account as you arrange with Us. If you purchase Services, and do not cancel the Services within the
free trial period after creation of an account, Customer will be asked for Customers credit card or invoicing
information and will be billed starting on the day after the expiration of your trial period.
Commission fees are paid according to rates provided to Customer by Ever Dish.
By Subscription and Application to Ever Dish Product Customer hereby agrees to license the Ever Dish
product(s) (each a “Product”) identified on the web form in the case of a Product trial or in the subscription
documentation (i.e., the proposal or invoice)(the “Subscription”) exchanged by the parties in conjunction with
Customer's acceptance of this Agreement. The specific Products and the fees payable with respect to such
Products are set forth in the Subscription. Each Product may include updates, cloudbased services, support
services, applications or documentations, each of which is subject to the terms of this Agreement as applicable.
Ever Dish may add to, change or discontinue any component of the Products at any time; provided however, that no
such change shall materially increase Customer's obligations or materially decrease Customer's entitlements
under this Agreement.
Customer is responsible for all actions taken under its Ever Dish account credentials, regardless of
whether
such
actions are taken by Customer, its employees or a third party. Ever Dish is not liable for any loss or damage
arising from any unauthorized use of Customer’s account.
3. GRANT OF LICENSE
During the Term (as defined below), Ever Dish grants Customer a limited,
non-exclusive, non-transferable, nonsublicensable, revocable license to use, and, in the
case of Ever Dish Products that permit additional Users (as set forth in the Product
specific terms below), to allow such Users to use,
the Products on the terms set forth in this Agreement.
Customer agrees that all rights, title and interest in and to all the intellectual property rights in the
Products, and all modifications, extensions, scripts and other derivative works of the Products provided or
developed by Ever Dish are owned exclusively by Ever Dish or
its licensors.
All rights not granted to Customer in this Agreement are reserved by Ever Dish.
4. LICENSE RESTRICTIONS
Customer and any Users shall not (and shall not allow any third party to): (i) decompile,
disassemble, or
otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms,
file formats or programming or interoperability interfaces of the Products, by any means whatsoever; (ii)
distribute viruses or other harmful or malicious computer code via or into the Products; (iii) engage in any
conduct that disrupts or impedes a third party’s use and enjoyment of the Products; (iv) remove any product
identification, copyright or other notices from the Products; (v) sell, lease, lend, assign, sublicense, grant
access or otherwise transfer or disclose the Products in whole or in part, to any third party; (vi) use the
Products for timesharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or
transfer or allow others to use the Products to or for the benefit of third parties; (vii) modify or incorporate
into or with other software or create a derivative work of any part of the Products; (viii) use the output or
other information generated by the Products for any purpose other than as contemplated by this Agreement; (ix)
use the Products for any use other than Customer’s internal business use; (x) use unauthorized modified versions
of the Products, including without limitation, for the purpose of building a similar or competitive product or
service or for the purpose of obtaining unauthorized access to the Product; or (xi) use the Products in any way
that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation
those relating to privacy, data protection, electronic communications and anti-spam legislation. Ever Dish
retains all title to, and, except as expressly licensed herein, all rights to the Products, all copies,
derivatives and improvements thereof and all related documentation and materials.
5. TERM OF AGREEMENT
The " Initial Term" shall mean the number of months and/or years in the term as specified in the
Subscription beginning on the date specified in the Subscription ("Activation Date"). Upon expiration of
the Initial Term and unless otherwise stated in the Subscription, this Agreement will automatically renew
on a yearly or monthly basis (each a “Renewal Term”, and the Initial Term and all Renewal Terms
collectively, the "Term" ) until terminated by Customer or Ever Dish by delivery
of written notice
to the other party at least thirty (30) days prior to the end of the Initial
Term.
6. FEES AND PAYMENT
Customer shall pay Ever Dish the annual and/or monthly fees (“Fees”) specified in the Subscription or
Invoice, in
accordance with the timing and currency specified in the Subscription. All payments by Customer to Ever Dish
under this Agreement are non-refundable, and made via the automatic payment method specified by Customer in
the
Subscription, or as otherwise agreed by the parties. Customer shall undertake any additional actions
reasonably
requested by Ever Dish to implement the foregoing automated fee payment process. Any applicable federal,
state,
provincial, or other goods and services or sales taxes will be added to fees owing pursuant to this
Agreement.
Ever Dish may at any time during any Renewal Term increase fees to the then-current list price upon 30 days’
prior notice.
7. CONFIDENTIAL INFORMATION
Ever Dish and Customer (and its Users) shall each retain in confidence all information received from the
other party
pursuant to or in connection with this Agreement that the disclosing party identifies as being proprietary
and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith
to be treated as proprietary and/or confidential (" Confidential Information"), and will make no use of such
Confidential Information except as necessary to fulfill their respective obligations under the terms and
during the term of this Agreement. Each party shall treat the terms and conditions of this Agreement as
confidential; however, either party may disclose such information in confidence to its immediate legal and
financial consultants as required in the ordinary course of that party's business. Notwithstanding the
foregoing, the restrictions set forth above will not apply to (i) information previously known to the
receiving party without reference to the disclosing party's Confidential Information, (ii) information which
is or becomes publicly known through no wrongful act of the receiving party, (iii) information that is
independently developed by either of the parties, or (iv) information required to be disclosed pursuant to
applicable law. The foregoing shall also not prevent Ever Dish from using Customer data on an aggregate,
anonymized basis.
8. CUSTOMER'S REPRESENTATIONS AND
INDEMNIFICATION
Customer represents and warrants that currently and throughout the Term (i) it is fully authorized to enter
into this
Agreement and that Customer and any Users are fully authorized to utilize the Products, (ii) Customer and any
Users are and will remain in compliance with all applicable laws and regulations with respect to its and their
activities related to this Agreement, including but not limited to privacy laws; and (iii) if Customer or any of
its Users imports lists into the Products for the purpose of sending electronic communications (e.g., emails,
texts) to such list, or otherwise collects electronic addresses for the purpose of sending electronics messages,
then Customer warrants that each person on such list has previously opted-in to receive promotional electronic
communications from Customer and that the content of such communications by Customer will comply with applicable
laws and regulations. Customer shall indemnify, defend and hold harmless Ever Dish and its officers, employees,
agents and affiliates from and against all losses, expenses, liabilities, damages and costs including, without
limitation, reasonable attorneys' fees (collectively " Costs"), to the extent that such Costs are attributable
to any breach by Customer or any User, employee, independent contractor, or affiliate thereof, of any
representations, warranties or other obligations set forth in this Agreement. Customer and each of its Users
agree to comply with all Ever Dish policies and all laws, rules and regulations relating to the use of the
Products. Any violation of this section may result in loss of features, up to and including termination of
Customer’s account. Customer will indemnify Ever Dish for any costs, fines or damages incurred by Ever Dish
due to Customer's or its User's failure to comply with this section.
9. WARRANTY
We warrant to you that any Product purchased from us through our site is of satisfactory quality and
reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the
purchase
price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the
agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is
accepted by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage,
including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of
anticipated savings, loss of data, or waste of management or office time however arising and whether caused by
tort (including negligence), breach of contract or otherwise.
Great care has been taken to ensure that the information available on this Website is correct and error
free.
We
apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be
error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes
it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the
Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose,
or accuracy.
By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use
of information from any third party, or your use of any third party website.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted
information,
viruses or other contamination or destructive properties transmitted to you or your computer system via our
website.
10. INTELLECTUAL PROPERTY RIGHTS
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 Use, 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) you have the legal capacity and you agree
to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the Site; (3) you will not access the Site through automated
or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal
or unauthorized purpose; and (5) 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).
12. PROHIBITED
ACTIVITIES
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.
13. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create,
submit,
post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, " Contributions"). Contributions may be viewable by other
users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in
accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby
represent and warrant that:
§ 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 Use.
§ 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 Use.
§ 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 Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights to use the Site.
14. 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.
15. SUBMISSIONS
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.
16. THIRD-PARTY WEBSITE 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 Use 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.
17. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of
Use;
(2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use,
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.
18. TERM AND
TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, 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 USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE 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.
19. MODIFICATIONS AND INTERRUPTIONS
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 Use will be construed to obligate us to maintain and support the Site or to
supply
any corrections, updates, or releases in connection therewith.
20. GOVERNING LAW
These conditions are governed by and interpreted following the laws of Ireland.
21. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of
Use (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.
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.
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 Use; (3) any breach of your representations and
warranties set forth in these Terms of Use; (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. MISCELLANEOUS
These Terms of Use 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 Use shall not operate as a waiver of such right or provision. These Terms
of Use 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 Use
is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use 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 Use or use of the Site. You agree that these Terms of Use 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 Use and the lack of signing by the parties hereto to execute these Terms of
Use.
28. 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: [email protected]
Last updated March 21st,
2023