Last updated April 22, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Maravista Software LLC
, doing business as
DB Pilot
(
"
Company
," "
we
," "
us
," "
our
"
)
.
Our VAT number is
36-5049058.
We operate
the website
https://www.dbpilot.io
(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 email at help@dbpilot.io
.
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (
"
you
"
), and
Maravista Software LLC
, 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.
We will provide you with prior notice of any scheduled changes to the Services you are
using. The modified Legal Terms will become effective upon posting or notifying you by no-reply@dbpilot.io
, as stated in the email message. 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.
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: help@dbpilot.io
. 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
; ( 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. CANCELLATION
If you are unsatisfied with our Services, please email us at help@dbpilot.io
.
7. SOFTWARE
We may include software for use in connection with our Services. If such software is
accompanied by an end user
license
agreement (
"EULA"
), the terms of the EULA will govern your use of the software. If such software is not
accompanied by a EULA, then we grant to 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. Any software and any related documentation is provided
"AS IS"
without warranty of any kind, either express or implied, including, without limitation, the
implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You accept any and all risk arising out of use or performance of any software. You may not reproduce
or redistribute any software except in accordance with the EULA or these Legal Terms.
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. 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.
SOCIAL MEDIA
As part of the functionality of the Services, 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
Services; 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 Services 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 Services. 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 Services. You will have the
ability to disable the connection between your account on the Services 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 Services. You can deactivate the connection between the Services 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.
12.
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.
13.
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.
14.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
https://www.dbpilot.io/privacy
. 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
.
15.
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.
16.
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.
17.
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 Delaware
applicable to agreements made and to be entirely performed within
the State of Delaware ,
without regard to its conflict of law principles.
18.
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
thirty (30)
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 , Delaware , 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.
19.
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.
20.
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.
21.
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 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.
22.
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.
23.
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.
24.
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.
25.
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.
26.
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.
27.
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: