Terms of services
Last
updated
August 16, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are Sickle
(
'Company',
'we', 'us', or 'our' )
, a company registered in
England
at 4 Belsize Park Gardens
, London
, London
NW3 4LD
.
We operate
the mobile application Sickle
(the 'App'
) , 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 7442980199 , email at
[email protected]
, or by
mail to 4 Belsize Park Gardens
, London
, London
NW3 4LD
,
England
.
These Legal Terms constitute a legally
binding agreement
made between you, whether personally or on behalf of an entity (
'you' ), and Sickle
, 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
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 licence
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 .
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:
[email protected] . 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
licences 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) you have the legal capacity and you
agree to comply with
these Legal Terms;
(2) you are not a
minor in the jurisdiction in which you reside
; (
3) you will not access the Services
through automated or
non-human means, whether through a bot, script or
otherwise; (4) you will not use the Services for
any illegal or unauthorised purpose; and (5) 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).
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
authorise 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 judgement ,
appear to be placed by dealers, resellers, or distributors.
5.
POLICY
All
sales are final and no refund will be issued.
6. 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 endeavours
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
unauthorised 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 (
), 1Г—1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ). - 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
unauthorised script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
unauthorised 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 . - 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
endeavour or commercial enterprise.
7. 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
licences authorise 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
unauthorised 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,
libellous , 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.
8. CONTRIBUTION
LICENCE
You and
Services agree that we may
access, store, process, and use any information and personal data that you provide 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.
9.
MOBILE APPLICATION LICENCE
Use Licence
If you access the
Services via the
App, then we grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the App
on wireless electronic devices owned or controlled by you, and to access and use the App on
such devices
strictly in accordance with the terms and conditions of this mobile application
licence contained in these Legal Terms. You shall not:
(1) except as
permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the
source code of,
or decrypt the App; (2) make any modification, adaptation, improvement, enhancement,
translation, or
derivative work from the App; (3) violate any applicable laws, rules, or regulations in
connection with your
access or use of the App; (4) remove, alter, or obscure any proprietary notice (including
any notice of
copyright or trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating
endeavour , commercial
enterprise, or other
purpose for which it is not designed or intended; (6) make the App available over a network
or other
environment permitting access or use by multiple devices or users at the same time; (7) use
the App for
creating a product, service, or software that is, directly or indirectly, competitive with
or in any way a
substitute for the App; (8) use the App to send automated queries to any website or to send
any unsolicited
commercial email; or (9) use any proprietary information or any of our interfaces or our
other intellectual
property in the design, development, manufacture, licensing, or distribution of any
applications, accessories,
or devices for use with the App.
Apple and
Android
Devices
The following terms
apply when you
use the App obtained from either the Apple Store or Google Play (each an
'App Distributor' ) to access the Services: (1) the
licence granted to you for our App is limited to a
non-transferable licence to
use the application on a device that
utilises the Apple iOS or
Android operating
systems, as applicable, and in accordance with the usage rules set forth in the applicable
App Distributor’s
terms of service; (2) we are responsible for providing any maintenance and support services
with respect to
the App as specified in the terms and conditions of this mobile application
licence contained in these Legal Terms or as otherwise
required under
applicable law, and you acknowledge that each App Distributor has no obligation whatsoever
to furnish any
maintenance and support services with respect to the App; (3) in the event of any failure of
the App to
conform to any applicable warranty, you may notify the applicable App Distributor, and the
App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any, paid for the
App, and to the
maximum extent permitted by applicable law, the App Distributor will have no other warranty
obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you are not
located in a country
that is subject to a US government embargo, or that has been designated by the US government
as a 'terrorist supporting'
country and (ii) you are
not listed on any US government list of prohibited or restricted parties; (5) you must
comply with applicable
third-party terms of agreement when using the App, e.g.
if you have a VoIP
application, then you must not be in violation of their wireless data service agreement when
using the App;
and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of
the terms and
conditions in this mobile application licence
contained in these Legal Terms, and that each App Distributor will have the right (and will
be deemed to have
accepted the right) to enforce the terms and conditions in this mobile application licence contained in these
Legal Terms against
you as a third-party beneficiary thereof.
10. THIRD-PARTY
WEBSITES AND CONTENT
The Services may
contain (or you may be
sent via the App
) 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.
11. 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.
12. 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
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.
13. 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.
14. GOVERNING
LAW
These Legal Terms are
governed by and
interpreted following the laws of
England and Wales
, and the use of the United Nations Convention of Contracts for the International
Sales of Goods is
expressly excluded. If your habitual residence is in the EU, and you are a consumer, you
additionally possess the
protection provided to you by obligatory provisions of the law in your country to residence. Sickle and yourself both agree to submit to the non-exclusive
jurisdiction of the courts
of London , which means that you may make a claim to defend your consumer
protection
rights in regards to these Legal Terms in
England
, or in the EU country in which you reside.
15. 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
Any
dispute arising
from the relationships between the Parties to these Legal Terms shall be determined by one
arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration
being part of
the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time
the
application for arbitration is filed, and of which adoption of this clause constitutes acceptance.
The seat of
arbitration shall be
London ,
England
. The language of the proceedings shall be
English . Applicable rules of substantive law shall be the law of
England
.
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
utilise 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.
16. 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.
17.
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 UNAUTHORISED 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
JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. 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.
19. 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 defence and
control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your expense, with our defence 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.
20. 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.
21. 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.
22. 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.
23. 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 defences 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.
24. 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: