(Effective Date: October 1, 2018)
You may not use our Service if: (a) you cannot enter into a binding contract with the Company; (b) you are under 13 years of age, in which case you must not create an Account, use any part of the Service, or submit personal information through the Service or to the Company (for example, name, address, telephone number, email address); (c) you are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals; (d) you are a convicted sex offender; or (e) you have previously been banned from using the Service. If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these TOS.
In some instances, both these TOS and separate terms of service, rules, policies or guidelines set forth additional conditions that may apply to the Service and any applicable SNS terms and conditions, including, without limitation, any Account (defined below) registration terms and conditions, order documents mutually agreed by you and the Company for purchases or subscription to the Services, including, without limitation, all applicable content, data, and reports (“Service Orders”), rights and restrictions relating to any applicable free trial of the Service (“Free Trial”), and rights and restrictions relating to any applicable beta versions of the Service (“Beta Service”) (collectively, the “Additional Terms”). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise, in its sole and absolute discretion.
Notwithstanding anything to the contrary in these TOS, you agree and acknowledge you will not share or promote any excerpt or distribution of any Service content, data or reports to any third party, including, without limitation, the media, (in any form) except as expressly authorized herein without the Company’s prior written consent. You further agree and acknowledge that the access and distribution of such materials shall comply, in all instances, with these TOS, including the relevant Service Order, and any applicable law. You acknowledge and agree that purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by the Company regarding future functionality or features.
The license granted to you is subject to the following limitations. You shall not or permit any other person to:
Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in termination of the license granted hereunder with immediate effect and may subject you to civil and/or criminal liability.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, Application status, benefits and privileges, and all other data accumulated in connection with your access and use of the Service (collectively, “User Data”). You further acknowledge and agree that all rights in and to the Account and User Data (excluding User Content) are and shall be owned solely and exclusively by the Company. No rights conferred to you in connection with the Service (including any Company Materials) may be transferred or assigned by you (by operation of law or otherwise including at the time of cancellation of your Account) to any third party without the prior written consent of the Company. We reserve the right to remove or reclaim any user ID at any time and for any reason.
The Company, its licensors and/or certain third parties (as applicable) retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Service (including past, present and future versions) (excluding User Content), including, without limitation, any content, data and reports provided in connection with the Service, analyses, graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel”; the compilation, assembly and arrangement of the materials of the Service; and all other materials or content made available in the Service (collectively, the “Company Materials”) and such Company Materials are protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
All words and logos in the Service marked by the ™ or ® symbols are trademarks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trademarks and service marks appearing in the Service are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these TOS is strictly prohibited.
The Company and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Services, including all Sites and Applications, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by the Company, its licensors, you, or otherwise), any titles, computer code, concepts, artwork, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Sites or Applications. The rights described in the foregoing sentence are the copyrighted work of the Company and/or its licensors and are protected by applicable intellectual property laws. The Sites and Applications may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this TOS. You acknowledge and agree that you do not acquire any ownership rights by using the Service.
The Service may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Service falls under the scope of these TOS. Any and all other third party software or technology that may be distributed together with the Service will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with the Company regarding such third party software or technology and you will look solely to the applicable third party and not to the Company to enforce any of your rights.
Only those licenses expressly set forth in these TOS are granted. No other licenses are granted under these TOS, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.
You may currently access certain parts of the Service without establishing a user an Account (defined below). However, by completing the Service registration process in the Service, you may establish a registered user account (“Account”), become a registered user, access the full Service and place Service Orders. To create an Account, you may be asked to provide your first and last name, email address, company name, state/country, payment information, and/or choose a user name, user ID and password. You must provide truthful and accurate information during the Account registration process. Notwithstanding anything to the contrary, Company may approve or reject your Account registration application or any Service Orders for any reason or no reason in its sole and absolute discretion. All such decisions shall be final and under no circumstance shall Company be obligated to provide any information regarding its decision-making process. You are solely responsible for all activity on your Account and for the security of your personal computer and mobile device. You may not reveal your Account password to other users or permit others to access your Account. All acts performed using your Account (including User Data and User Content) shall be deemed to be your acts. You shall promptly notify the Company for any changes to your Account information (including changes to your mobile device) or if such information has been improperly disclosed to a third party using notification methods approved by the Company. You shall solely be responsible for any liability that arises from any improper third party disclosure and/or third party use of your Account (including User Data and User Content). If there is a risk of your Account (including User Data and User Content) being improperly used by a third party, you shall promptly take measures to limit such use, including, without limitation, by changing your password and notifying the Company.
While the Company will use reasonable efforts to back up Site data (including User Data and User Content) and make such data available in the event of loss or deletion, we have no responsibility or liability for the deletion or failure to store any messages and other communications or other User Data or User Content maintained or transmitted by any Site. We reserve the right to mark as “inactive” and archive Accounts (and related User Data and User Content) that are inactive for an extended period of time. We reserve the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described above.
Subject to any applicable confidentiality obligations, the Company reserves the right to audit and monitor the use of the Services to ensure compliance with these TOS and to maintain and improve the provision of the Services. You agree to cooperate with the Company’s audit and provide reasonable assistance and access to information. In addition, you agree that the Company shall not be responsible for any of your costs incurred in cooperating with the audit.
You must pay the applicable fee (if any) to access and use the Service, including, without limitation all fees specified in all applicable Service Orders. Except as otherwise specified herein or in an Service Order (i) there shall be no charge for use of the Beta Service or during the Free Trial, (ii) all fees are quoted and payable in advance in United States dollars and are non-refundable (except as required by applicable law), (iii) based on Services purchased and not actual usage and (iv) cannot be decreased during the relevant Subscription Term.
Unless otherwise stated in the applicable Service Order, the Service fees do not include any taxes, levies, duties or similar governmental assessments of any nature (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases hereunder. To the extent you have any legal obligation to pay or collect Taxes for which you are responsible under this these TOS, you shall pay the appropriate amount shall be invoiced to you, unless you provide the Company with a valid tax exemption certificate authorized by the appropriate taxing authority.
The Company, in its sole and absolute discretion, may, from time to time, modify, amend, or supplement the terms and billing methods relating to fees and charges, and post those changes in the Service. Such modifications, amendments or supplements shall be effective immediately upon posting on the Service. If any change is unacceptable to you, your sole remedy is to cancel your Account and cease use of the Service.
You must provide and maintain all equipment, software and other technologies necessary to access and use the Service, including, a personal computer or mobile device suitable to connect with the Service and an Internet connection. In addition, you hereby acknowledge and agree that you shall solely be responsible for and bear all charges, including, telephone charges, Internet connection charges and electricity charges, arising out of your access and use of the Service. Subject to technical problems and revisions to payment policies which may be instituted by the Company and partners at any time without notice, you may pay for any applicable fees and other charges by major credit card or such other methods expressly authorized in writing by the Company. If you provide credit card information to the Company, you authorized the Company to charge such credit card for the subject Services listed in the applicable Service Order for the applicable Subscription Term and any renewal Subscription Terms. If the Service Order specifies that payment will be by a method other than a credit card, the Company will invoice you in advance and otherwise in accordance with the relevant Service Order. You are solely responsible for maintaining complete and accurate billing and contact information, and notifying the Company of any changes. Any dispute arising between you and any third party payment process service (including a credit card company) shall be resolved directly between you and such third party. Under no circumstances shall Company be liable for any obligations incurred by you to such third party in connection with your access and use of the Service. You agree to indemnify, defend and hold harmless Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such disputes.
You acknowledge and agree that in the event the SNS account you used to create a registered Account is terminated, your ability to access the Account may be disrupted or no longer available. You shall be solely responsible for maintaining any third party SNS accounts you may have, including, without limitation, those SNS accounts necessary to access your Account. You shall be solely responsible for any such disrupted or lack of access to your Account.
If the Company terminates your access and use to the Service, you may lose your user ID, User Data and User Content as well as any benefits, privileges, and User Content associated with the Service, and we are under no obligation to compensate you for any such losses or results. In addition, no online time or other credits will be provided to you or converted to cash or other form of reimbursement, and you will have no further access to the subject Service (including all User Data and User Content). Also, you will not have the right to transfer, sell, or assign any User Data to anyone else. Under no circumstances shall Company be responsible for storing any User Data, User Content and other information following suspension, termination, modification or deletion of your Account and access to the Service.
We reserve the right to stop offering and/or supporting the Service at any time, for any valid commercial reason, at which time your license to access and use the Service will automatically be terminated without further action. In such event, we shall not be required to provide refunds, benefits or other compensation to you except as otherwise expressly set forth herein, agreed to in writing by the Company or pursuant to applicable law.
As part of the Service, you may participate in blogs, message boards, contests, sweepstakes, voting, forums and other communication functionality and may be provided with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Company and/or other users, including, without limitation, rankings, text, writings, photographs, graphics, comments, feedback, suggestions or personal information or other material (collectively, excluding Company Materials not created by you, “User Content”). You hereby represent and warrant to the Company that your User Content is wholly original and has been created by you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these TOS without the Company incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
The Company has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at the Company’s cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest). You also agree and understand that the Company is not obligated to use User Content and that you will not receive any additional consideration or compensation for your User Content or for any exploitation thereof.
You agree that you will be personally responsible for your access and use of the Service and for all of your User Content and online activity in connection with the Service, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such use, User Content and activity. You acknowledge and agree that the Company reserves the right (but not the obligation), in its sole and absolute discretion, to refuse or delete any User Content at any time that it reasonably considers to violate this TOS or be otherwise illegal or does not fulfill the Purpose. Moreover, you agree to comply with these TOS, all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. The Company, in its sole and absolute discretion, may preserve User Content and may also disclose User Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by the Company to protect the rights, property, or personal safety of Service users and the public. Moreover, you agree not to engage in any of the following:
If you encounter another user who is violating any of the items described in the Online Conduct list above, please report them to firstname.lastname@example.org.
The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be effective immediately upon posting in the Service. You are responsible for periodically checking the Service for changes to the TOS. You can determine when the TOS were last revised by referring to the “Effective Date” legend at the top of these TOS. If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you must cease using the Service. Your continued access and use of the Service constitutes your agreement to be bound by the modified TOS.
The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Service (or any portion thereof, including any User Data and User Content), whether temporarily or permanently, in whole or in part, for valid commercial reasons and/or as required by applicable law. Changes may also include changes to the Sites, including eliminating or discontinuing any content on or feature of the Sites, restricting the hours of availability or limiting the amount of use permitted. Any such Change shall be effective immediately upon notice by posting on the Service or these TOS, or by any other method of notice the Company deems appropriate. We shall not be required to provide refunds, benefits or other compensation to you for any Changes, including, without limitation, the suspension, interruption or discontinuation of the Service. Any access or use of the Service after such notice of Change, constitutes acceptance by you of such Change.
Temporary interruptions in the availability of the Service may occur from time to time as normal events, including, without limitation maintenance of the Service. The Company shall endeavor to provide reasonable advance notice to you of any scheduled maintenance, upgrades, downgrades and related interruptions (if any) of the Service. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, interruption or discontinuation of the Service, and termination of any license. The Service may include inaccuracies, errors, materials that violate this TOS or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. Additionally, you acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the Sites. Although the Company attempts to ensure the integrity and the accuracy of the Sites, it makes no guarantees whatsoever as to any Site’s completeness or correctness. In addition, the Service are made available internationally and may contain references to products, programs and services of the Company /or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make available such products, programs or services in your location.
The Company and/or its licensors may deploy or provide patches, updates, upgrades, error corrections, bug-fixes, modifications and additional features or functions to any Application that must be installed for you to continue accessing and using the Application. The Company and/or its licensors may upgrade or update the Application remotely, including, without limitation, the Application residing on your machine, without your knowledge or consent, and you hereby grant to the Company and its licensors your consent to deploy and apply such patches, updates, upgrades, error corrections, bug-fixes, and modifications, and additional features or functions to the Applications. The Company has no obligation to make available to you any subsequent versions of the Applications. You may have to enter into a renewed version of these TOS, in the event you want to download, install or use a new version of the Applications.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING THE SITES AND ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. MOREOVER, THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITES OR ANY CONTENT THEREIN (INCLUDING SOFTWARE) WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT BY THE COMPANY OR ITS AFFILIATES, REGISTERED USERS OR SERVICE VISITORS, WHETHER MADE WITHIN THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR ACCESS AND USE OF THE SERVICE (INCLUDING ALL CONTENT MADE AVAILABILITY WITHIN IT) IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY DAMAGES THAT RESULTS FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. NONE OF THE SERVICES OR PROVISION OF MATERIALS PURSUANT TO THE SERVICE CONSTITUTES ACTUAL INVESTMENT ADVICE OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY US. WE DO NOT CLAIM TO BE AND ARE NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE A SALE OR OFFER TO BUY, SELL, OR RECOMMEND ANY SECURITIES OR COMPANIES. YOU MAKE YOUR OWN INVESTMENT DECISIONS BASED UPON YOUR PERSONAL DUE DILIGENCE, INVESTIGATION AND OTHER PERSONAL INVESTMENT CRITERIA. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS, INVESTMENT STRATEGIES, OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES OR APPLICABLE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE SERVICES OR THE RELEVANT MATERIALS. AS A CONDITION TO YOUR USE OF THE SERVICES AND THE RELEVANT MATERIALS, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST US ARISING OUT OF OR RELATING TO YOUR ACCESS AND USE OF THE SERVICES AND YOUR REVIEW OF ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR THE ACCESS OR USE THEREOF. MOREOVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “COMPANY AFFILIATES”) LIABILITY TO YOU EXCEED IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE SERVICE EXCEED THE HIGHER OF US$500 OR THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR ACCESS AND USE OF THE SERVICE IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE INCIDENT. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR ACCESS AND USE OF THE SERVICE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS AND USE OF OR USERSHIP, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
For the convenience of our user, the Service may provide certain links to other applications, services and websites provided by third parties. The Company is not responsible for the content of any other applications, services or websites linked to or from the Service. If you follow any such links, you leave the Service and you do so entirely at your own risk. The Company provides links from the Service solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other applications, services and/or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED APPLICATIONS, SERVICES OR WEBSITES, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED APPLICATIONS, SERVICES OR WEBSITES.
You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. To the fullest extent permitted under applicable law, you irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
The information provided through the Service are not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material on the Service is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Service from a jurisdiction outside the State of California you are responsible for compliance with all applicable local laws.
We reserve the right to limit the availability of the Services, including the Sites and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide. Use of the Sites is void where prohibited.
The Company takes claims of infringement of intellectual property rights and violation of rights, including rights of privacy or publicity very seriously. With the exception of copyright infringement notices (which should follow the DMCA procedures described below), if you believe that any of the material that is or was in the Service infringes or has infringed any intellectual property rights, owned by you, or by an owner for which you are authorized to act, please contact us at email@example.com.
Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Service or these TOS, or such other method of notice the Company deems appropriate. Where Company decides to give such notice, any access or use of the Service after delivery of such notice constitutes acceptance by you of the noticed action.
The Applications may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Applications as well as any applicable end-user, end-use and destination restrictions issued by national governments. By accessing and using the Applications, you represent and warrant that you are not prohibited from receiving exports or services under applicable export laws.
The parties hereto confirm their express wish that these TOS as well as all other documents related to them, including notices, be drawn up in the English language only and declare themselves satisfied therewith.
If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about the Service, please contact us at firstname.lastname@example.org.