We are ("Company", "we", "us" or "our") Website.
We operate the Website (the "Site") as well as any other related products and services that reference or link to these Legal Terms ("Legal Terms") (collectively, the "Services").
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You can contact us by e-mail at or by post at.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and the Website concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USING THE SERVICES IMMEDIATELY.
Microsoft will provide you with advance notice of any planned changes to the Services you use. The modified Legal Terms will be effective upon posting or notice to you by, as indicated in the email. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
We recommend that you print a copy of these Legal Terms for your records.
The information provided while using the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not designed to comply with industry regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such regulations, you may not use the Services. You may not use the Services in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, "Content"), and the trademarks, service marks, and logos contained therein ("Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided on or through the Services "AS IS" for your personal, non-commercial or internal business use only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purposes.
Except as expressly provided in this section or elsewhere in our Legal Terms, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content or Marks other than as set out in this section or elsewhere in our Legal Terms, please send your request to: . If at any time we grant you permission to post, reproduce or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content or Marks and ensure that any copyright or proprietary notices appear or are visible when posting, reproducing or publicly displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content and Marks.
Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will cease immediately.
Your submissions and contributions
Please read this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand (a) the rights you grant us and (b) the responsibilities you have when posting or transmitting any Content via the Services.
Submissions: By sending us directly any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own such Submissions and shall be entitled to the unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, online forums, and other functionality where you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including, without limitation, text, writing, texts, video, audio, photos, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Materials that you post publicly will also be considered Contributions.
You acknowledge that your Contributions may be viewable by other users of the Services and possibly through third-party websites.
By posting Contributions, you grant us a license (including the use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, extract (in whole or in part), and exploit your Contributions (including, without limitation, your likeness, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to grant the sublicenses granted in this section. Our use and distribution may be in any media formats and through any media channels.
Niniejsza licencja obejmuje wykorzystanie przez nas imienia i nazwiska, nazwy firmy i nazwy franczyzy, stosownie do przypadku, oraz wszelkich znaków towarowych, znaków usługowych, nazw handlowych, logo oraz obrazów osobistych i komercyjnych dostarczonych przez użytkownika.
Użytkownik ponosi odpowiedzialność za to, co publikuje lub przesyła: Wysyłając nam Zgłoszenia i/lub publikując Wkład za pośrednictwem dowolnej części Usług lub udostępniając Wkład za pośrednictwem Usług poprzez połączenie swojego konta za pośrednictwem Usług z dowolnym kontem w sieci społecznościowej, użytkownik: potwierdzasz, że przeczytałeś i zgadzasz się z naszymi "DZIAŁANIAMI ZABRONIONYMI" i nie będziesz publikować, wysyłać, publikować, przesyłać ani przekazywać za pośrednictwem Usług żadnych Materiałów ani publikować żadnych Wkładów, które są nielegalne, nękające, nienawistne, szkodliwe, zniesławiające, obsceniczne, zastraszające, obraźliwe, dyskryminujące, zagrażające jakiejkolwiek osobie lub grupie, o wyraźnie seksualnym charakterze, fałszywe, niedokładne, kłamliwe lub wprowadzające w błąd; w zakresie dozwolonym przez obowiązujące prawo, zrzekać się wszelkich osobistych praw autorskich do takich Zgłoszeń i/lub Wkładów; gwarantuje, że wszelkie takie Zgłoszenia i/lub Wkłady są oryginalne dla użytkownika lub że użytkownik posiada niezbędne prawa i licencje do przesyłania takich Zgłoszeń i/lub Wkładów oraz że ma pełne uprawnienia do udzielania nam wyżej wymienionych praw w odniesieniu do swoich Zgłoszeń i/lub Wkładów; i gwarantują i oświadczają, że Przesłane materiały i/lub Wkłady nie stanowią informacji poufnych. Użytkownik ponosi wyłączną odpowiedzialność za swoje Materiały i/lub Wkład i wyraźnie zgadza się zrekompensować nam wszelkie straty, które możemy ponieść z powodu naruszenia przez niego (a) niniejszej sekcji, (b) praw własności intelektualnej jakiejkolwiek strony trzeciej lub (c) obowiązującego prawa.
Możemy usunąć lub edytować Twoje Treści: Chociaż nie mamy obowiązku monitorowania jakichkolwiek Wkładów, mamy prawo do usunięcia lub edycji dowolnego Wkładu w dowolnym momencie bez powiadomienia, jeśli w naszej uzasadnionej opinii uznamy taki Wkład za szkodliwy lub naruszający niniejsze Warunki prawne. Jeśli usuniemy lub zmodyfikujemy taki wkład, możemy również zawiesić lub wyłączyć konto użytkownika i zgłosić go władzom.
Naruszenie praw autorskich
Szanujemy prawa własności intelektualnej innych osób. Jeśli uważasz, że jakiekolwiek materiały dostępne w Usługach lub za ich pośrednictwem naruszają jakiekolwiek prawa autorskie, które posiadasz lub kontrolujesz, natychmiast zapoznaj się z sekcją "DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY" poniżej.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to be bound by these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any unlawful or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Registration may be required to use the Services. You agree to keep your password confidential and will be responsible for all uses 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 inappropriate.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free from other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we do not guarantee that products will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as we deem necessary. We may change prices at any time.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping charges, and you authorize us to charge your chosen payment provider for such amounts upon your order placement. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Service. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Please review our Returns Policy posted on the Services before making any purchases.
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), your use of the software is subject to the terms of the EULA. If such software is not accompanied by a EULA, we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and in accordance with these Legal Terms. All software and related documentation are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume all risks arising from the use or performance of any software. You may not reproduce or distribute any software except in accordance with the EULA or these Legal Terms.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree:
The Services may invite you to chat, co-create, or participate in blogs, online forums, and other features, and may provide you the ability to create, upload, post, display, upload, perform, publish, distribute, or broadcast content and materials to us or in the Services, including but not limited to text, writing, videos, audio, images, graphics, comments, suggestions, or personal data or other materials (collectively referred to as "Contributions"). Contributions may be visible to other users of the Services and through third-party websites. As such, any Materials uploaded by the user may be treated as public and non-confidential. By creating or sharing any Contribution, you represent and warrant that:
Any use of the Services in violation of the above violates these Terms of Service and may result in, among other things, termination or suspension of the user's rights to use the Services.
By submitting your Contribution in any part of the Services or providing your Contribution in the Services by linking your account with any social media account, you automatically grant, represent, and warrant that you have the right to grant us an unlimited, unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rebrand, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part), and distribute such Contributions (including, without limitation, the user’s image and voice) for any purpose, commercial, advertising, or otherwise, as well as to prepare derivative works or incorporate such Contributions into other works and grant and authorize sublicenses for the above. The use and distribution may occur in any multimedia formats and through any media channels.
This license will apply to any form, media, or technology now known or later developed, and includes our use of the user’s name, company name, and franchise name, as applicable, as well as any trademarks, service marks, trade names, logos, and personal and commercial images provided by the user. You waive any moral rights to your Contributions and warrant that no moral rights have been asserted to your Contribution.
We do not claim any ownership rights to your Contribution. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with the Contribution. We are not responsible for any representations or statements in your Contributions provided by you in any part of the Services. You are solely responsible for your Contribution to the Services and agree to indemnify us and hold us harmless from any liability and refrain from any legal action against us related to your Contribution.
We have the right, at our sole discretion, (1) to edit, modify, or otherwise change any Contributions; (2) to change the category of any Contributions in order to place them in more appropriate areas in the Services; and (3) to pre-screen or remove any Contributions at any time, for any reason, without notice. We are under no obligation to monitor your Contribution.
We may provide areas in the Services where you can post reviews or ratings. By posting a review, you must meet the following criteria: (1) you should have first-hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive vulgarities or abusive, racist, offensive, or hate speech; (3) your reviews should not include discriminatory references based on religion, race, gender, nationality, 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 about the legality of actions; (7) you may not post false or misleading statements; and (8) you may not organize campaigns encouraging others to post reviews, both positive and negative.
We may accept, reject, or remove reviews at our sole discretion. We have no obligation to monitor reviews or remove reviews, even if someone considers them inappropriate or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or views or those of our affiliates or partners. We are not responsible for any reviews or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable right and license to copy, modify, translate, transmit in any manner, display, perform, and/or distribute all content associated with the review.
As part of the Services' functionality, you may link your account with online accounts held with third-party service providers (each such account is referred to as a "Third-Party Account") by: (1) providing login credentials to your Third-Party Account via the Services; or (2) granting us access to your Third-Party Account, as permitted by the applicable terms governing the use of each Third-Party Account. You represent and warrant that you are authorized to disclose your login credentials to your Third-Party Account and/or grant us access to your Third-Party Account without violating any terms governing the use of such Third-Party Account and without obligating us to pay any fees or subjecting us to any usage restrictions imposed by the third-party service provider. By granting us access to any Third-Party Accounts, you acknowledge that (1) we may access, share, and store (where applicable) any content you have provided and stored on your Third-Party Account ("Social Media Content") so that it may be available in and through the Services via your account, including, without limitation, any friend lists, and (2) we may send and receive additional information from your Third-Party Account to the extent that you are notified when you link your account with a Third-Party Account. Depending on the Third-Party Accounts you link and the privacy settings configured on such Third-Party Accounts, personal data posted on Third-Party Accounts may be available on your account in the Services and through them. Please note that if a Third-Party Account or its associated service becomes unavailable or our access to such a Third-Party Account is terminated by the third-party service provider, Social Media Content may no longer be available in and through the Services. You will have the ability to disconnect your account from Third-Party Accounts at any time. PLEASE REMEMBER THAT YOUR RELATIONSHIPS WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS ARE GOVERNED EXCLUSIVELY BY THE AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no attempt to review any Social Media Content for any purpose, including, but not limited to, accuracy, legality, or infringement of rights, and we are not responsible for any Social Media Content. You acknowledge and agree that we may access your email address book associated with your Third-Party Account and contact list stored on your mobile device or tablet solely for the purpose of identifying and notifying you of those contacts who have also registered to use the Services. You may deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information provided below or through account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except for the username and profile picture, which will be associated with your account.
The Services may contain (or you may be sent via the Website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, images, 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, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted, available through, or installed from the Services, including the content, accuracy, offensive nature, opinions, reliability, privacy practices, or other policies of, or contained in, Third-Party Websites or Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Services and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk and should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data collection practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases made through Third-Party Websites will be made through other websites and companies, and we are not responsible for such purchases, which are solely 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 waive any liability for any damages caused by purchasing such products or services. Furthermore, you agree to indemnify us against any losses incurred by you or damages caused to you in connection with or arising in any way from any Third-Party Content or any interaction with Third-Party Websites.
We reserve the right, but have no obligation, to: (1) monitor the Services 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, limit access, or disable (to the extent technologically feasible) any of your Contributions or any part thereof; (4) in our sole discretion and without limitation, notify or take responsibility for removing from the Services or otherwise disabling any files or content that are too large or in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.
We care about your privacy and data security. Please review our Privacy Policy. By using the Services, you agree to comply with our Privacy Policy.
We reserve the right, in our sole discretion, to modify or replace these Terms of Use at any time. If we revise these Terms, we will post the updated Terms on the Services and update the "Last Updated" date at the top of this document. Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically for any updates or changes. If you disagree with any part of these Terms, your only remedy is to discontinue using the Services.
These Terms of Service remain in full effect during the use of the Services. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE TERMS, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO A VIOLATION OF ANY STATEMENTS, WARRANTIES, OR OBLIGATIONS UNDER THESE TERMS OR ANY APPLICABLE STATUTORY OR REGULATORY PROVISIONS. WE MAY TERMINATE USE OF THE SERVICES OR PARTICIPATION IN THEM OR DELETE THE USER ACCOUNT AND ANY CONTENT OR INFORMATION PUBLISHED BY THE USER AT ANY TIME, WITHOUT NOTICE, AT OUR SOLE DISCRETION.
If we close or suspend your account for any reason, you may not register or create a new account under your own name, a false name, or a borrowed name, or any third party's name, even if you are acting on behalf of a third party. In addition to closing or suspending the account, we reserve the right to take appropriate legal actions, including but not limited to pursuing civil, criminal, and injunctive claims.
We reserve the right to change, modify, or remove content from the Services at any time or for any reason, at our sole discretion, without notice. However, we are under no obligation to update any information in our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Services.
We cannot guarantee that the Services will be available at all times. We may encounter hardware, software, or other issues, or it may be necessary to conduct maintenance related to the Services, causing interruptions, delays, or errors. We reserve the right to change, improve, update, suspend, discontinue the provision of the Services, or modify them in any way at any time or for any reason without notice. You agree that we shall not be liable for any loss, damage, or inconvenience caused by the inability to access or use the Services during downtime or discontinuation of the Services. No provision of these Terms will be interpreted as an obligation for us to maintain and support the Services or provide any fixes, updates, or releases in connection with them.
These Terms are governed by and construed in accordance with the law of England, and the United Nations Convention on Contracts for the International Sale of Goods applies expressly. If your usual place of residence is in the EU, the USA, or any of the other 62 countries that are parties to the convention, you also have protection afforded by mandatory laws of your country of residence. This means you may bring a claim to defend your consumer rights under these Terms either in England or in any country that is a party to the convention in which you reside.
If you are a resident of the European Union, any disputes arising from or related to these Terms will be resolved by an arbitrator appointed in accordance with the Arbitration Rules and Internal Regulations of the European Court of Arbitration, which is part of the European Arbitration Center based in Strasbourg. The venue for such arbitration will be England. The language of the proceedings will be English. The law governing these proceedings will be the law of England.
If the user is a resident of the United States, disputes will be resolved through arbitration in the United States. The law governing these proceedings will be the law of the United States.
For residents of any other country, the place of arbitration and procedure will be the same as for residents of the European Union.
The parties agree that arbitration will be limited to the dispute between the parties individually. To the fullest extent permitted by law, (a) no arbitration may be consolidated with any other proceeding; (b) there is no right or authority to arbitrate any dispute on the basis of a class action or to use class action procedures; and (c) there is no right or authority to bring any dispute as a purported representative action on behalf of the general public or any other persons.
The parties agree that the following disputes are not subject to the above binding arbitration provisions: (a) any disputes aimed at enforcing or protecting, or concerning the validity of, any party's intellectual property rights; (b) any disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use or resulting from them; and (c) any claims for securing claims by way of injunctive relief. If this provision is found to be illegal or unenforceable, neither party will be required to arbitrate any dispute within the scope of the part of this provision deemed illegal or unenforceable, and such dispute will be resolved by the court of competent jurisdiction within the courts listed above, and the parties agree to submit to the personal jurisdiction of that court.
The Services may contain information with typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information in the Services at any time without prior notice.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL NOT BE LIABLE FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) VIRUSES, TROJAN HORSES, OR SIMILAR WHICH MAY BE TRANSMITTED TO THE SERVICES OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION PRESENTED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES. AS WITH ANY 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 SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS DOCUMENT, OUR LIABILITY TO YOU FOR ANY REASON AND REGARDLESS OF THE FORM OF ACTION WILL ALWAYS BE LIMITED TO THE AMOUNT PAID TO US BY YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. SOME STATE LAWS IN THE UNITED STATES AND INTERNATIONAL LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from any losses, damages, liabilities, claims, or demands, including reasonable attorney's fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of the representations and warranties set forth in these Legal Terms; (5) your violation of the rights of third parties, including but not limited to intellectual property rights; or (6) any overtly harmful actions towards another user of the Services with whom you have connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate at your own expense with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification as soon as we become aware of it.
We will store certain data you submit to the Services for the purpose of managing the performance of the Services, as well as data related to the use of the Services. Although we regularly perform backups of data, you are solely responsible for all data you submit or that relates to any activities conducted while using the Services. You agree that we are not liable for the loss or damage of such data and hereby waive any rights to take action against us arising from such loss or damage of such data.
Visiting the Services, sending us emails, and filling out online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and within the Services, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO USE ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICALLY DELIVER NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any and all rights or requirements under any laws, regulations, rules, or other provisions in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or credits in any manner other than electronically.
If any complaint to us is not satisfactorily resolved, you may contact the Consumer Service Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms will not operate as a waiver of such right or provision. These Legal Terms apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is found to be illegal, void or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us by reason of their drafting. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
To resolve a complaint regarding the Services or to obtain further information regarding the use of the Services, please contact us at:
