These Terms of Use constitute a legally binding
agreement made between you, whether personally
or on behalf of an entity (“you”) and ThirdPlaces ThirdPlaces ThirdPlaces https://thirdplaces.app 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
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 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) 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; (4) you are not
under the age of
13; , or if a minor, you have
received parental permission to
use the Site
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).
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.
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.
-
Posting adult/sexual content or links on the site
6. 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 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.
7. CONTRIBUTION LICENSE
By posting your Contributions
to any part of the Site
This license will apply to any
form, media, or technology now
known or hereafter developed,
and includes our use of your
name, company name, and
franchise name, as applicable,
and any of the trademarks,
service marks, trade names,
logos, and personal and
commercial images you provide.
You waive all moral rights in
your Contributions, and you
warrant that moral rights have
not otherwise been asserted in
your Contributions.
We do not assert any ownership
over your Contributions. You
retain full ownership of all of
your Contributions and any
intellectual property rights or
other proprietary rights
associated with your
Contributions. We are not liable
for any statements or
representations in your
Contributions provided by you in
any area on the 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.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to
re-categorize any Contributions to place
them in more appropriate locations on the
Site; and (3) to pre-screen or delete any
Contributions at any time and for any
reason, without notice. We have no
obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Site 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 hate 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 reviews.
9. MOBILE APPLICATION 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 Use. 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 Use 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 Use, 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 Use against you as a
third-party beneficiary thereof.
10. 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.
11. 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.
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.
13. PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy: https://thirdplaces.app/privacy . By using the Site, you agree to be
bound by our Privacy Policy, which
is incorporated into these Terms of
Use. Please be advised the Site is
hosted in India India India India Further, we do not
knowingly accept, request,
or solicit information from
children or knowingly market
to children. Therefore, in
accordance with the U.S.
Children’s Online Privacy
Protection Act, if we
receive actual knowledge
that anyone under the age of
13 has provided personal
information to us without
the requisite and verifiable
parental consent, we will
delete that information from
the Site as quickly as is
reasonably practical.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of
others. If you believe that any material
available on or through the Site infringes upon
any copyright you own or control, please
immediately notify us using the contact
information provided below (a “Notification”). A
copy of your Notification will be sent to the
person who posted or stored the material
addressed in the Notification. Please be advised
that pursuant to applicable law you may be held
liable for damages if you make material
misrepresentations in a Notification. Thus, if
you are not sure that material located on or
linked to by the Site infringes your copyright,
you should consider first contacting an
attorney.
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 YOUR ACCOUNT AND
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 Use will be
construed to obligate us to maintain and
support the Site or to supply any
corrections, updates, or releases in
connection therewith.
These Terms shall be governed by and
defined following the laws of India ThirdPlaces and yourself
irrevocably consent that the courts of India
Informal Negotiations
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.
Any dispute arising out of
or in connection with this
contract, including any
question regarding its
existence, validity, or
termination, shall be
referred to and finally
resolved by the
International Commercial
Arbitration Court under the
European Arbitration Chamber
(Belgium, Brussels, Avenue
Louise, 146) according to
the Rules of this ICAC,
which, as a result of
referring to it, is
considered as the part of
this clause. The number of
arbitrators shall be three (3) . The seat, or legal place,
of arbitration shall be Delhi , India English . The governing law of the contract
shall be the substantive law of India
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.
The Parties agree that the
following Disputes are not
subject to the above
provisions concerning
informal negotiations and
binding arbitration: (a) any
Disputes seeking to enforce
or protect, or concerning
the validity of, any of the
intellectual property rights
of a Party; (b) any Dispute
related to, or arising from,
allegations of theft,
piracy, invasion of privacy,
or unauthorized use; and (c)
any claim for injunctive
relief. If this provision is
found to be illegal or
unenforceable, then neither
Party will elect to
arbitrate any Dispute
falling within that portion
of this provision found to
be illegal or unenforceable
and such Dispute shall be
decided by a court of
competent jurisdiction
within the courts listed for
jurisdiction above, and the
Parties agree to submit to
the personal jurisdiction of
that court.
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.
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.
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 LESSER OF THE
AMOUNT PAID, IF ANY,
BY YOU TO USDURING
THE one
(1) MONTH PERIOD
PRIOR TO
ANY CAUSE
OF ACTION
ARISING $50.00 USD
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries,
affiliates, and all of our respective
officers, agents, partners, and employees,
from and against any loss, damage,
liability, claim, or demand, including
reasonable attorneys’ fees and expenses,
made by any third party due to or arising
out of: (1) your Contributions;
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.
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.
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.
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.
In order to resolve a complaint
regarding the Site or to receive further
information regarding use of the Site,
please contact us at: