These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Wondation SAS
Weekr
Weekr
https://weekr.fr website
as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
France
and have our registered office at 17 rue Constant Coquelin
Vitry-sur-Seine
94400
.
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
at any time and for any reason
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.
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
;
(3)
you have the legal capacity and you agree to
comply with these Terms of Use;
(4)
you are not under the age of
13;
(5) 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
; (6) you will not
access the Site through automated or non-human means, whether
through a bot, script, or otherwise; (7) you will not
use the Site for any illegal or unauthorized purpose; and
(8) 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).
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.
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
or making
Contributions accessible to the Site by
linking your account from the Site to
any of your social networking accounts
, you automatically grant, and you represent
and warrant that you have the right to grant, to us
an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including,
without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and
to prepare derivative works of, or incorporate into
other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and
through any media channels.
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. SOCIAL
MEDIA
As part of the functionality of the Site, you may
link your account with online accounts you have with third-party service
providers (each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the Site;
or (2) allowing us to access your Third-Party Account, as is permitted
under the applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that you are entitled to
disclose your Third-Party Account login information to us and/or grant
us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any fees or making
us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided
to and stored in your Third-Party Account (the “Social Network Content”)
so that it is available on and through the Site via your account,
including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to the
extent you are notified when you link your account with the Third-Party
Account. Depending on the Third-Party Accounts you choose and subject to
the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third Party Account is terminated by
the third-party service provider, then Social Network Content may no
longer be available on and through the Site. You will have the ability
to disable the connection between your account on the Site and your
Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes
of identifying and informing you of those contacts who have also
registered to use the Site. You can deactivate the connection between
the Site and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We
will attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and
profile picture that become associated with your account.
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.
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.
12. PRIVACY
POLICY
We care about data privacy and
security. Please
review our Privacy Policy:
https://weekr.fr/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
France
France
France
France
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
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from
registering and
creating a new account under your name, a fake or borrowed name, or
the name of
any third party, even if you may be acting on behalf of the third
party. In
addition to terminating or suspending your account, we reserve the
right to
take appropriate legal action, including without limitation pursuing
civil,
criminal, and injunctive redress.
We reserve the right to change, modify, or remove
the contents of the Site at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update
any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware,
software,
or other problems or need to perform maintenance related to the
Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue,
or otherwise
modify the Site at any time or for any reason without notice to you.
You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to
access or use the Site during any downtime or discontinuance of the
Site. Nothing in these Terms of 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
conditions are governed by and interpreted following the laws of
France
Wondation SAS and
yourself both agree to submit to the non-exclusive jurisdiction
of the courts of __________ , which
means that you may make a claim to defend your consumer
protection rights in regards to these Terms of Use in
France
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
three (3) days before
initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the
other Party.
Any
dispute arising
from the relationships between the Parties to this contract shall be
determined by one arbitrator who will be chosen in accordance with
the Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of Arbitration having
its seat in Strasbourg, and which are in force at the time the
application for arbitration is filed, and of which adoption of this
clause constitutes acceptance. The seat of arbitration shall be Paris ,
France
Français . Applicable rules of substantive law
shall be the law of France
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
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE one (1)
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.
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;
(2) use of the Site;
(3) breach of these Terms of
Use; (4) any breach of your
representations and warranties set forth in these Terms of Use; (5) your violation of the rights
of a third party, including but not limited to intellectual property
rights; or (6) 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.
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.
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:
Phone:
__________
These terms of use were created using Termly's Terms and
Conditions Generator.