Terms & Conditions
Effective: January 26, 2021
Last Updated: May 20, 2023
AGREEMENT TO OUR LEGAL TERMS
We are known as Access Ingenuity ("Company," "we," "us," "our"), a registered entity based in Santa Rosa, CA 95405, USA, operating at 4751 Hoen Ave, Santa Rosa, CA 95405.
Our operations encompass the website accessingenuity.com (referred to as the "Site"), along with any other associated products and services connected to these legal terms (referred to as the "Legal Terms") collectively termed as the "Services" and "Products").
Access Ingenuity specializes in providing services compliant with WCAG, Section 508, Section 504, BANA and other guidelines for digital accessibility, document remediation, time-based media, alternative formats, and training. We present assistive technologies designed to enhance accessibility for vision, hearing, and mobility challenges, fostering inclusivity in various settings such as home, work, or school.
Feel free to reach out to us via phone at +1 877-579-4380, or by email at email@example.com. You can also contact us through physical mail at 4751 Hoen Ave, Santa Rosa, CA 95405, USA, Santa Rosa, CA 95405, United States.
These Legal Terms establish a legally binding agreement between you, whether as an individual or representing an entity ("you"), and Access Ingenuity. The agreement pertains to your usage of and access to the Services. By accessing the Services, you indicate that you have read, comprehended, and consented to adhere to all of these Legal Terms. If you disagree with any part of these Legal Terms, it is strictly prohibited to utilize the Services, and you are required to cease using them promptly.
Additional terms and conditions or documents that might be published on the Services from time to time are explicitly incorporated into these terms by reference. We retain the right to alter or modify these Legal Terms at our sole discretion, for any reason and at any time. Notification of such changes will be provided through the "Last updated" date in these Legal Terms, and you waive any entitlement to specific notifications for each change. It is your responsibility to periodically review these Legal Terms to remain informed about any updates. Your continued use of the Services or Products after revised Legal Terms are posted will imply your acceptance of the alterations.
The Services are intended for users who are at least 18 years old. Individuals below the age of 18 are prohibited from using or registering for the Services.
We suggest that you retain a printed copy of these Legal Terms for your personal records.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PURCHASES AND PAYMENT
- RETURN/REFUNDS POLICY
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- THIRD-PARTY WEBSITES AND CONTENT
- SERVICES MANAGEMENT
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- LIMITATIONS OF LIABILITY
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- CONTACT US
1. OUR SERVICES
The information provided through the utilization of the Services is not intended for dissemination or utilization by any individual or organization in any jurisdiction or country where such dissemination or utilization would contradict the prevailing laws or regulations, or where it would subject us to any mandatory registration within that particular jurisdiction or country. Consequently, those individuals who opt to access the Services from locations other than our intended operational area do so based on their own voluntary decision and hold sole accountability for adhering to relevant local laws, if and to the extent that these local laws are applicable.
The Services are not customized to adhere to regulations specific to particular industries (such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), unless specifically outlined within a contractual agreement. Therefore, if your engagements would be subject to such legal frameworks, it is impermissible to make use of the Services. Furthermore, utilizing the Services in a manner that would breach the Gramm-Leach-Bliley Act (GLBA) is prohibited.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We hold the rightful ownership or the necessary licensing for all intellectual property rights encompassing our Services. This includes all elements such as source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics that constitute the Services (referred to collectively as the "Content"), in addition to the trademarks, service marks, and logos present within them (referred to as the "Marks").
Our Content and Marks are safeguarded by copyright and trademark laws, as well as various other intellectual property rights and laws pertaining to fair competition, both in the United States and internationally.
The Content and Marks are made available through the Services in their current state ("AS IS"), solely for your personal, non-commercial use, or for internal business purposes.
Your use of our Services
Conditional upon your adherence to these Legal Terms, which encompasses the "PROHIBITED ACTIVITIES" section outlined below, we provide you with a non-exclusive, non-transferable, and revocable license that permits you to:
- Access the Services.
- Download or produce a hard copy of any segment of the Content that you have lawfully gained access to.
This license is granted solely for your personal, non-commercial use or for internal business purposes.
With the exception of what is detailed in this section or elsewhere within our Legal Terms, no aspect of the Services, Products, Content, or Marks can be replicated, reproduced, amalgamated, republished, uploaded, posted, displayed publicly, encoded, translated, transmitted, disseminated, sold, licensed, or otherwise exploited for any form of commercial purpose without our explicit, prior written consent.
Should you desire to employ the Services, Content, or Marks in a manner that diverges from what is laid out in this section or elsewhere within our Legal Terms, please direct your request to: firstname.lastname@example.org. In the event that we grant you permission to publish, reproduce, or publicly display any portion of our Services, Products, or Content, you are obliged to acknowledge us as the proprietors or licensors of said Services, Products, Content, or Marks. Additionally, you must ensure that any copyright or proprietary notice is present and visible when you publish, reproduce, or display our Content.
We retain all rights not explicitly conferred to you concerning the Services, Products, Content, and Marks.
Violation of these Intellectual Property Rights will be deemed a significant breach of our Legal Terms, resulting in the immediate termination of your authorization to use our Services and Products.
Please ensure a thorough review of this section and the "PROHIBITED ACTIVITIES" section before engaging with our Services. This review is essential to comprehend both the (a) permissions you provide us and (b) responsibilities you undertake when you post or upload any content via the Services.
Submissions: When you directly transmit to us any query, comment, suggestion, idea, feedback, or other information pertaining to the Services ("Submissions"), you acknowledge and agree to transfer all intellectual property rights within such Submission to us. You consent to our ownership of the Submission and its unrestricted utilization and dissemination for lawful purposes, commercial or otherwise, without any acknowledgment or compensation to you.
Personal accountability for your posts or uploads: By sending Submissions to us through any facet of the Services, you:
- Confirm your understanding and agreement with our "PROHIBITED ACTIVITIES" and undertake not to post, send, publish, upload, or transmit any Submission through the Services that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any individual or group, sexually explicit, false, inaccurate, deceptive, or misleading.
- Waive all moral rights to any such Submission to the extent permitted by applicable law.
- Warrant the originality of any such Submission, or possess the requisite rights and licenses to submit such Submissions, along with full authority to grant us the previously mentioned rights in connection with your Submissions.
- Warrant and affirm that your Submissions do not consist of confidential information.
You bear sole responsibility for your Submissions, and you explicitly agree to indemnify us for any and all losses we may incur due to your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By utilizing the Services, you hereby declare and confirm that: (1) any registration details you provide will be genuine, precise, up-to-date, and comprehensive; (2) you will uphold the precision of this information and promptly modify it whenever required; (3) you possess the legal capacity and commit to adhering to these Legal Terms; (4) you are not a minor according to the laws of your residing jurisdiction; (5) you will not access the Services via automated or non-human methods, inclusive of bots, scripts, or any other techniques; (6) you will abstain from using the Services for any unlawful or unauthorized intentions; and (7) your use of the Services will not breach any applicable laws or regulations.
Should you provide any details that are found to be false, inaccurate, out-of-date, or incomplete, we retain the authority to suspend or terminate your account, and to deny current or future access to the Services (in full or in part).
4. USER REGISTRATION
Registering for the Services might be a necessary step. It is imperative that you maintain the confidentiality of your password and hold accountability for any activity conducted using your account and password. We maintain the prerogative to withdraw, recover, or alter a chosen username if we conclude, at our exclusive discretion, that said username is inappropriate, offensive, or objectionable in any manner.
We exert our best efforts to present the colors, characteristics, specifications, and particulars of the products offered on the Services as accurately as possible. However, we cannot assure the absolute accuracy, comprehensiveness, reliability, currentness, or absence of other errors regarding the colors, features, specifications, and details of these products. Furthermore, the electronic display you use might not precisely replicate the genuine colors and specifics of the products. The availability of all products is contingent, and we cannot provide a guarantee that items will be available in stock. We retain the authority to discontinue any products at our discretion and at any time, for any rationale. Prices pertaining to all products remain subject to modification.
6. PURCHASES AND PAYMENTWe accept the following forms of payment:
- American Express
- Shop Pay
- Meta Pay
- Apple Pay
- Google Wallet
Upon using the Services to make purchases, you commit to supplying current, comprehensive, and accurate details for both your purchase and account information. Furthermore, you agree to promptly update your account and payment information, which includes your email address, payment method, and payment card expiration date. This ensures that we can finalize your transactions and establish communication with you when necessary. When mandated, sales tax will be added to the purchase price as determined by us. We retain the right to modify prices at any given time. Payments for all transactions must be made in US dollars.
You undertake to cover all charges at the prices that are in effect for your purchases, along with any pertinent shipping costs. By placing your order, you authorize us to charge your chosen payment source for the specified amounts. We reserve the prerogative to rectify any inaccuracies or oversights in pricing, even if payment has already been requested or received.
We retain the right to decline any orders made through the Services. At our exclusive discretion, we may set restrictions on or cancel the quantities purchased per person, household, or order. These constraints could encompass orders placed under the same customer account, those using the same payment method, or orders utilizing identical billing or shipping addresses. Moreover, we reserve the right to curtail or prohibit orders that, in our judgment, seem 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.
We might incorporate software to be used in conjunction with our Services. If such software is accompanied by an end-user license agreement ("EULA"), the stipulations of the EULA will govern your usage of the software. In cases where software lacks a EULA, we grant you a non-exclusive, revocable, personal, and non-transferable license to utilize the software exclusively in connection with our services, and in accordance with these Legal Terms. Please note that any software and associated documentation are provided on an "AS IS" basis, without any warranty, whether express or implied. This encompasses implied warranties of merchantability, fitness for a specific purpose, or non-infringement. By using or executing any software, you accept all associated risks. It is prohibited to duplicate or distribute any software unless this action aligns with the EULA or these Legal Terms.
9. PROHIBITED ACTIVITIES
You are restricted from utilizing or engaging with the Services for any objective other than the one for which we provide them. The Services must not be employed in association with any commercial activities, except those that have been explicitly sanctioned or authorized by us.
As a user of the Services, you consent not to:
- Collect data or content from the Services systematically, aiming to create or assemble a compilation, database, directory, or similar, without obtaining written permission from us.
- Engage in deceptive, fraudulent, or misleading actions that could potentially deceive us or other users, particularly in attempts to acquire sensitive account information like user passwords.
- Evade, disable, or interfere with security-related features of the Services, including those that prevent or limit the use, copying, or enforce restrictions on the Content and the use of the Services.
- Engage in actions that might harm or degrade us and/or the Services in our perspective.
- Utilize information garnered from the Services to harass, abuse, or harm another individual.
- Misuse our support services or submit false reports of misconduct.
- Utilize the Services in a manner contradictory to applicable laws or regulations.
- Perform unauthorized framing or linking to the Services.
- Upload or transmit viruses, Trojan horses, or other disruptive material that hampers others' uninterrupted utilization of the Services or damages the Services' operation, features, functions, or maintenance.
- Engage in automated system use, such as using scripts to send messages or data mining tools.
- Delete copyright or other proprietary rights notices from Content.
- Attempt to impersonate another user or individual or use another user's username.
- Transmit materials that act as information collection or transmission mechanisms, such as "gifs," web bugs, cookies, or other similar devices.
- Disturb, disrupt, or excessively burden the Services or connected networks or services.
- Harass, threaten, annoy, or intimidate our employees or agents involved in providing Services.
- Attempt to bypass Services' measures designed to prevent or limit access.
- Attempt to decipher, decompile, disassemble, or reverse engineer any software within the Services.
- Launch automated systems, spiders, robots, cheats, scrapers, or readers accessing the Services.
- Use a buying agent to make purchases on the Services.
- Engage in unauthorized use of the Services, including collecting user information for unsolicited emails or creating accounts under false pretenses.
- Utilize the Services to compete with us or for revenue-generating or commercial purposes.
- Advertise, offer to sell goods and services, or engage in any form of revenue generation on the Services.
- Sell or transfer your profile without authorization.
10. USER GENERATED CONTRIBUTIONS
By generating or rendering any Contributions available, you thereby affirm and assure that:
- The production, distribution, transmission, public display, performance, and access, download, or copying of your Contributions do not and will not infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
- You are the creator and proprietor of the Contributions or possess the essential licenses, rights, approvals, releases, and permissions to utilize your Contributions and to authorize the Services, us, and other Services users to utilize your Contributions as dictated by the Services and these Legal Terms.
- You have secured written consent, release, and/or permission from every identifiable individual mentioned in your Contributions to utilize the name or likeness of these individuals, enabling the incorporation and use of your Contributions as per the Services and these Legal Terms.
- Your Contributions are not deceptive, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other solicitation forms.
- Your Contributions are not offensive, obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
- Your Contributions do not ridicule, belittle, slander, threaten, or abuse anyone.
- Your Contributions do not incite harassment or threats against specific individuals or groups, or promote violence.
- Your Contributions do not contravene any applicable laws, regulations, or rules.
- Your Contributions do not infringe upon the privacy or publicity rights of any third party.
- Your Contributions do not violate any laws related to child pornography or regulations designed to protect the welfare of minors.
- Your Contributions do not contain offensive comments linked to race, national origin, gender, sexual orientation, or physical disabilities.
- Your Contributions do not otherwise violate, or link to material that violates, any provision within these Legal Terms or any applicable laws or regulations.
Any use of the Services contrary to the above constitutes a violation of these Legal Terms and could lead to consequences such as the termination or suspension of your rights to use the Services.
11. CONTRIBUTION LICENSE
By sending suggestions or other feedback about the Services, you consent to us using and distributing such feedback for any purpose, without any compensation owed to you.
We do not assert any ownership rights over your Contributions. You maintain complete ownership of your Contributions and the corresponding intellectual property rights or other proprietary rights connected to them. We bear no responsibility for any assertions or representations in your Contributions provided by you within any section of the Services. You are exclusively accountable for your Contributions to the Services, and you explicitly agree to absolve us from all liability and refrain from initiating any legal proceedings against us concerning your Contributions.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services might encompass links to other websites ("Third-Party Websites"), and you might also receive content, like articles, photos, text, graphics, designs, music, sound, videos, applications, software, and other items, originating from third parties ("Third-Party Content"), either through the Site or the Services. These Third-Party Websites and Third-Party Content are not inspected, monitored, or evaluated for accuracy, appropriateness, or comprehensiveness by us. We disclaim responsibility for any Third-Party Websites accessed via the Services or any Third-Party Content published on, available through, or downloaded from the Services. This includes the content, precision, offensiveness, viewpoints, reliability, privacy practices, or other policies associated with or within the Third-Party Websites or the Third-Party Content.
Incorporating, linking to, or permitting the utilization or installation of any Third-Party Websites or Third-Party Content does not denote our endorsement or approval of them. If you choose to exit the Services and access Third-Party Websites or make use of Third-Party Content, you assume the risk involved, and you should be aware that these Legal Terms will no longer apply. You should examine the applicable terms and policies, encompassing privacy and data collection practices, of any website you navigate to from the Services or in connection with any applications you utilize or install from the Services.
Any transactions made through Third-Party Websites will occur on external websites and involve other companies. We hold no responsibility whatsoever in relation to these transactions, as they exclusively involve you and the relevant third party. You acknowledge that we do not endorse products or services offered on Third-Party Websites, and you agree to release us from any harm arising from your purchase of such products or services. Furthermore, you agree to hold us harmless from any losses or harm you experience related to or arising from Third-Party Content or any interactions with Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We 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.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Sonoma County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sonoma County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. 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.
RestrictionsThe 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.
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.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. 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.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
4751 Hoen Ave, Santa Rosa, CA 95405, USA
Santa Rosa, CA 95405
Phone: +1 877-579-4380