Last updated
January 27, 2025
AGREEMENT TO OUR LEGAL TERMS
We are
Soulift ( "Company," "we,"
"us," "our" ).
We operate the website
https://soulift.app
(the "Site" ) , as well as any other related
products and services that refer or link to these legal terms (the
"Legal Terms" ) (collectively, the
"Services" ).
You can contact us by phone at
(+234)7038327370 , email at
hello@madebydayo.co ,
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ( "you" ), and Soulift , concerning your
access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of
these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Services 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 Legal Terms
from time to time . We will alert you about any changes by updating the
"Last updated"
date of these Legal Terms, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically
review these Legal Terms to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Legal Terms by your continued use
of the Services after the date such revised Legal Terms are
posted.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws, you may not
use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights
in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the
"Content" ), as well as the trademarks, service marks, and logos contained
therein (the "Marks" ).
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair competition
laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services
"AS IS"
for your personal, non-commercial
use or internal business purpose
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 purpose .
Except as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms,
please address your request to:
hello@madebydayo.co . If we ever grant you
the permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors
of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services
will terminate immediately.
Your submissions
Please review this section and the
" PROHIBITED ACTIVITIES "
section carefully prior to using our Services to understand the (a)
rights you give us and (b) obligations you have when you post or
upload any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ( "Submissions" ), you agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You are responsible for what you post or upload: By
sending us Submissions through any
part of the Services you:
-
confirm that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; -
to the extent permissible by applicable law, waive any and all
moral rights to any such Submission
; -
warrant that any such Submission
are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and -
warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible for your Submissions
and you expressly agree to reimburse us for any and all losses that we
may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these
Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use
the Services ; (5) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or
unauthorized
purpose; and (7) your use of the Services will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You
agree to keep your password confidential and will be
responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall
be in US dollars .
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you
authorize
us to charge your chosen payment provider for any such amounts upon
placing your order.
If your order is subject to recurring charges, then you consent
to our charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services.
We may, in our sole discretion, limit or cancel quantities purchased
per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our
sole judgment , appear to be placed by dealers, resellers, or distributors.
6. FREE TRIAL
We offer a __________ -day free trial to
new users who register with the Services.
We have a forever free plan which will never charge users.
7. CANCELLATION
If you are unsatisfied with our Services, please email us at
hello@madebydayo.co or call us at
(+234)7038327370 .
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may not
be used in connection with any commercial
endeavors
except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
-
Engage in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
-
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats (
"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 Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
-
Except as may be the result of standard search engine
or Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use
or launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
-
Make any
unauthorized use of the Services, 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 Services as part of any effort to compete
with us or otherwise use the Services and/or the
Content for any revenue-generating
endeavor or commercial enterprise. -
Use the Services to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
-
You are the creator and owner of or have the necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or
unauthorized 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 Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other
things, termination or suspension of your rights to use the
Services.
10. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use
any information and personal data that you provide
following the terms of the Privacy Policy
and your choices (including settings).
By submitting suggestions or other feedback regarding the Services,
you agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area on the Services. You
are solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your
Contributions.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services 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 Services or any
Third-Party Content posted on,
available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the
Third-Party Websites or the
Third-Party Content. Inclusion
of, linking to, or permitting the use or installation of any
Third-Party Websites or any
Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave
the Services and access the
Third-Party Websites or to use
or install any
Third-Party Content, you do so
at your own risk, and you should be aware these Legal Terms no longer
govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you
navigate from the Services or relating to any applications you use or
install from the Services. Any purchases you make through
Third-Party Websites will be
through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you
shall hold us blameless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us blameless from any
losses sustained by you or harm caused to you relating to or resulting
in any way from any
Third-Party Content or any
contact with
Third-Party Websites.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: __________ . By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the
Services are hosted in the
United States .
If you access the Services from any other region of the world with laws
or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
the
United States , then through your continued use of
the Services, you are transferring your data to
the
United States , and you expressly consent to have
your data transferred to and processed in
the
United States .
14. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES
OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may
be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and
injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to
you or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection
therewith.
16. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of
the State of
California
applicable to agreements made and to be entirely performed within the State of
California , without regard
to its conflict of law principles.
17. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the
"Disputes" ) brought by
either you or us (individually, a
"Party" and collectively, the
"Parties" ), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least
ninety (90) days before initiating
arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
If for any reason, a Dispute proceeds in court rather than arbitration,
the Dispute shall be commenced or prosecuted in the
state and federal courts located in
United States ,
California , and the Parties hereby consent to, and waive all
defenses
of lack of personal jurisdiction, and forum non conveniens with respect
to venue and jurisdiction in such
state and federal courts .
Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize
class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
18. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
19.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
three (3)
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.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of:
(1) use of the Services;
(2) breach of these Legal
Terms; (3) any breach of
your representations and warranties set forth in these Legal Terms;
(4) your violation of the
rights of a third party, including but not limited to intellectual
property rights; or (5) any
overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive
defense
and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our
defense
of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such
data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing at
1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by
telephone at (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate
as a waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal
Terms.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us
at: