We
are Fashionnection Stores ("Company,"
"we," "us," "our").
We
operate the website
Fashionnection (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 anis.mattur@mazaya.com.kw or by mail to anis.mattur@mazaya.com.kw, .
These
Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf
of an entity ("you"), and __________,
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.
The Services are
intended for users who are at least 13 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age
of 18) must have the permission of, and be directly supervised by, their
parent or guardian to use the Services. If you are a minor, you must
have your parent or guardian read and agree to these Legal Terms prior
to you using the Services.
We recommend that you
print a copy of these Legal Terms for your records.
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: __________
. 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.
3.USER
REPRESENTATIONS
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 under the age of
13;(5) you are not a
minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Services; (6) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for any illegal or
unauthorized
purpose; and (8) 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.
5.
PRODUCTS
We make every effort to display as accurately as possible the colors,
features, specifications, and details of the products available on the Services. However, we do
not guarantee that the colors, features, specifications, and details of the
products will be accurate, complete, reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual
colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products
at any time for any reason. Prices for all products are subject to change.
6.PURCHASES
AND PAYMENT
We
accept the following forms of payment:
- Visa
- Mastercard
- American Express
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 kwd.
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. 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.
7. RETURN/REFUNDS POLICY
Please review our Return
Policy posted on the Services prior to making any purchases.
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.
9.USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or
on the Services, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Services and through
third-party websites. As
such, any Contributions you transmit may be treated in
accordance with the Services' Privacy Policy. When you create
or make available any Contributions, you thereby represent and
warrant that:
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.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 Kuwait. 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 Kuwait, then through your continued use of the Services, you are
transferring your data to Kuwait, and you expressly consent to have your data transferred to
and processed in Kuwait.Further, we do not knowingly accept, request, or solicit information
from children or knowingly market to children. Therefore, in accordance with the U.S.
Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone
under the age of 13 has provided personal information to us without the requisite and
verifiable parental consent, we will delete that information from the Services as
quickly as is reasonably practical.
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 also reserve the right to modify or discontinue all or part
of the Services without notice at any time. We will
not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the 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 shall
be governed by and defined following the laws of Kuwait. __________ and yourself irrevocably consent that the courts
of Kuwait shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these Legal Terms.
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 __________ days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any
dispute arising out of or in connection with these Legal Terms, including any question regarding its
existence, validity, or termination, shall be referred to and finally resolved by the International
Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise,
146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the
part of this clause. The number of arbitrators shall be __________. The
seat, or legal place, or arbitration shall be __________. The language of the proceedings shall be __________. The governing
law of these Legal Terms shall be substantive law of __________.
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.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject to
the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
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 LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
OR .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:
