Last updated June 01, 2021
Before using Our Service, please read these terms and conditions carefully.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Ghostsmart Artificial Intelligence, doing business as Ghostsmart (“Ghostsmart“, “we”, “us”, or “our”), concerning your access to and use of the https://ghostsmart.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplementary terms and conditions or documents that may be placed on the Site from time to time are expressly incorporated by reference herein. We retain the right to update or modify these Terms of Use at any time and for any reason at our sole discretion. Any modifications will be communicated to you by revising the “Last Updated” date of these Terms of Use, and you waive any right to obtain explicit notice of any change. It is your duty to check these Terms of Use for modifications on a regular basis. By continuing to use the Site after the date such amended Terms of Use are posted, you will be subject to, and will be deemed to have been made aware of, and to have accepted, the changes in such updated Terms of Use.
The information on the Site is not intended for distribution to or use by any person or organization in any jurisdiction or country where such distribution or use would be prohibited by law or regulation, or where we would be required to register under the laws of such jurisdiction or country. As a result, users who visit the Site from other locations do so at their own risk and are solely responsible for complying with local laws, if and to the extent that local laws apply.
The Site is 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 this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Users must be at least 18 years old to use the Site. The Site is not available to anyone under the age of 18 who wishes to use it or register.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the Site is our property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (collectively, the “Marks”), are owned or controlled by us or licensed to us and are protected by copyright and trademark laws. The Site’s Content and Marks are provided “AS IS” for your personal information and use only. Without our express prior written permission, no part of the Site, including any 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.
You are granted a limited license to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have properly gained access, only for your personal, non-commercial use, provided that you are eligible to use the Site. We reserve all rights in and to the Site, the Content, and the Marks that are not expressly granted to you.
USER REPRESENTATIONS
By using the Site, 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 to agree to these Terms of Use; and (4) you are not a minor in the jurisdiction in which you are located. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site if you provide any information that is untrue, inaccurate, not current, or incomplete (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. 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.
FEES AND PAYMENT
We accept the following forms of payment:
– Visa – Mastercard – Discover – American Express
Some of our services may require you to purchase or pay a fee in order to use them. For any transactions made on the Site, you undertake to provide current, complete, and accurate purchase and account information. You also agree to keep your account and payment information up to date, including your email address, payment method, and card expiration date, so that we can complete your transactions and contact you as needed. We charge you for purchases made on the Site using an online billing account. We will add sales tax to the price of purchases if it is deemed necessary by us. We have the right to adjust pricing at any moment. All payments have to be made in US dollars.
You agree to pay all charges or fees at the then-current pricing for your purchases, and you allow us to charge any such amounts to your chosen payment provider when you make your purchase. If your purchase is subject to recurring charges, you consent to us billing your payment method on a recurrent basis without your prior agreement, until you notify us of your cancellation.
We have the right to remedy any pricing errors or mistakes, even if payment has already been requested or accepted. We also have the right to decline any order submitted via the Site.
FREE TRIAL
We offer a 7-day free trial with 50 credits to new users who register with the Site. You will not be automatically charged unless you manually upgrade. at the end of the free trial.
CANCELLATION
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at [email protected].
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site 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 Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
2. Make any unauthorized use of the Site, 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.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
5. Engage in unauthorized framing of or linking to the Site.
6. The trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. 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.
9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
10. Attempt to impersonate another user or person or use the username of another user.
11. Sell or otherwise transfer your profile.
12. Use any information obtained from the Site in order to harass, abuse, or harm another person.
13. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
16. Delete the copyright or other proprietary rights notice from any Content.
17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
18. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
19. 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”).
20. 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 Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. Except as may be the result of the 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 Site, or using or launching any unauthorized script or other software.
22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
23. Use the Site in a manner inconsistent with any applicable laws or regulations.
24. Use the services to create disinformation or spam content
USER-GENERATED CONTRIBUTIONS
Users are not permitted to submit or upload content on the Site. We may give you the ability to contribute, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, such as text, writings, video, audio, pictures, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Other Site users and third-party websites may be able to see your contributions. As a result, any Contributions you send may be subject to the Site’s Privacy Policy. You represent and warrant that when you generate or make available any Contributions, you have done so in the following ways:
1. 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.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. 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 Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. 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.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You and the Site agree that we may access, retain, process, and use any personal data and information you give in accordance with the provisions of the Privacy Policy and your preferences (including settings).
You agree that by giving suggestions or other feedback on the Site, you grant us permission to use and publish the feedback for any reason without remuneration to you.
We do not claim ownership of any of your Contributions. All of your contributions, as well as any intellectual property rights or other proprietary rights linked with them, remain solely your property. We are not responsible for any statements or representations made by you in any area of the Site in your Contributions. You are solely responsible for your Contributions to the Site, and you expressly undertake to hold us harmless and abstain from taking legal action against us in connection with your Contributions.
SOCIAL MEDIA
You may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) as part of the Site’s functionality by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as permitted by the applicable terms and conditions that govern your use of the Site. You represent and warrant that you have the authority to provide us with your Third-Party Account login information and/or grant us access to your Third-Party Account without violating any of the terms and conditions that govern your use of the applicable Third-Party Account, and without requiring us to pay any fees or subjecting us to any usage restrictions imposed by the third-party service. By granting us access to any Third-Party Accounts, you acknowledge and agree that (1) we may access, make available, and store (if applicable) any content you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists, and (2) we may submit to and receive from your TPA. Personal identifying information that you publish to your Third-Party Accounts may be viewable on and through your account on the Site, depending on the Third-Party Accounts you choose and the privacy settings you’ve established in those Third-Party Accounts. Please be aware that if a Third-Party Account or associated service becomes unavailable, or if the third-party service provider terminates our access to such Third-Party Account, Social Network Content may no longer be available on and through the Site. You will be able to disconnect the link between your Site account 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 SOLELY GOVERNED BY YOUR AGREEMENT(S) WITH THEM. We make no effort to examine any Social Network Content for any reason, including accuracy, legality, or non-infringement, and we are not liable for any Social Network Content. You agree that we may access your email address book linked with a Third-Party Account, as well as your contacts list stored on your mobile device or tablet computer, only for the purpose of identifying and informing you of those contacts who have also registered to use the Site. You can discontinue the link between the Site and your Third-Party Account by contacting us or changing your account settings (if applicable). Except for the username and profile image that is linked with your account, we shall seek to remove any information kept on our servers that was obtained through such Third-Party Account.
SUBMISSIONS
You understand and agree that any questions, comments, suggestions, ideas, feedback, or other information you give to us about the Site (“Submissions”) is non-confidential and becomes our sole property. We will possess the exclusive rights to these Submissions, including all intellectual property rights, and will be free to use and distribute them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby relinquish all moral rights to any such Submissions and warrant that any such Submissions are your original work or that you have the authority to submit them. You acknowledge that you will have no recourse against us if your Submissions are allegedly or actually infringed upon or misappropriated.
THIRD-PARTY WEBSITES AND CONTENT
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, may be found on the Site (or you may be directed to them via the Site) (“Third-Party Content”). We do not investigate, monitor, or check such Third-Party Websites and Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, or privacy practices of such Third-Party Websites and Third-Party Content. We do not approve or endorse any Third-Party Websites or Third-Party Content by including them, linking to them, or allowing them to be used or installed. You do so at your own risk if you leave the Site and access Third-Party Websites or use or install any Third-Party Content, and you should be aware that these Terms of Use no longer apply. You should read the terms and policies of any website you visit through the Site, including the privacy and data collection practices, as well as the terms and policies of any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be made through other websites and firms, and we bear no responsibility for such purchases, which are solely between you and the applicable third party. You accept and accept that we do not endorse the products or services offered on Third-Party Websites, and you agree to indemnify us for any damages incurred as a result of your purchase of such items or services. Furthermore, you agree to hold us harmless from any damages or injury you may suffer as a result of or in connection with any Third-Party Content or any contact with Third-Party Websites.
U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict 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 Site 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 Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://ghostsmart.com/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Canada. If you access the Site 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 Canada, then through your continued use of the Site, you are transferring your data to Canada, and you agree to have your data transferred to and processed in Canada.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (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 TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE 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.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right, at our sole discretion, to edit, edit, or eliminate the contents of the Site at any time and for any reason. We are not obligated to update any information on our Site, however. We also retain the right to change or cancel the Site, in whole or in part, at any time and without notice. Any modification, price change, suspension, or discontinuance of the Site will not be liable to you or any third party.
We cannot promise that the Site will always be available. We may encounter hardware, software, or other issues, or we may need to perform Site maintenance, which may result in interruptions, delays, or errors. Without prior notice to you, we reserve the right to change, amend, update, suspend, discontinue, or otherwise alter the Site at any time and for any reason. You acknowledge that we are not responsible for any loss, damage, or annoyance incurred as a result of your inability to access or use the Site during any downtime or discontinuation of the Site. Nothing in these Terms of Use obligates us to maintain and support the Site, or to provide any updates, corrections, or releases in connection with it.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (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 the 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 this contract, 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.
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 and 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.
CORRECTIONS
There may be information on the Site 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 Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR 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 SITE 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 SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE 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 SITE, (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 SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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.
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 SITE, 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 SIX (6) 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.
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 made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of the Terms of Service. Despite the foregoing, we retain the right to assume the exclusive defense and control of any matter for which you are obligated to indemnify us at your expense, and you agree to cooperate with our defense of such claims at your expense. When we become aware of any such claim, action, or process that is subject to this indemnification, we shall take reasonable efforts to tell you.
USER DATA
For the purpose of managing the Site’s performance, as well as data relating to your use of the Site, we shall save certain data that you provide to the Site. Despite the fact that we back up data on a regular basis, you are solely liable for all data that you communicate or that relates to any activity you have done on the Site. You agree that we will not be liable to you for any loss or corruption of such data, and you agree to waive any right of action you may have against us as a result of such loss or corruption.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Electronic communications include visiting the Site, sending us emails, and filling out online forms. You agree to receive electronic communications and that all agreements, notices, disclosures, and other communications we send you electronically, via email and on the Site, meet any legal need that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or obligations you may have under any statutes, regulations, rules, ordinances, or other legislation in any country that require an original signature, delivery, or keeping of non-electronic records, or payments or credit granting by methods other than electronic means.
MISCELLANEOUS
The whole agreement and understanding between you and us is contained in these Terms of Use, as well as any policies or operating regulations issued by us on the Site or in relation to the Site. Failure on our part to execute or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. These Terms of Service apply to the fullest extent allowed by law. At any time, we may assign some or all of our rights and responsibilities to others. Any loss, damage, delay, or failure to act caused by a cause beyond our reasonable control is not our responsibility or liability. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the rest of the Terms of Use and has no bearing on the legality or enforceability of the remaining terms. As a result of these Terms of Use or your use of the Site, no joint venture, partnership, employment, or agency relationship exists between you and us. By virtue of having drafted these Terms of Use, you agree that they will not be construed against us. You waive any and all defenses you may have based on the electronic form of these Terms of Use and the parties’ failure to sign these Terms of Use to execute them.
CONTACT US
Please contact us at if you have a complaint about the Site or if you would like more information about how to use it: [email protected]
