Last
updated
May 27, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are Coursocity
(
'Company', 'we', 'us', or
'our' )
, a company registered in
India
at Mahavir chowk, Pulgaon
, PULGAON
, Maharashtra
442302
.
We operate the
website https://coursocity.com (the 'Site' )
, as well as any other related products and services that
refer or link to these legal terms (the 'Legal
Terms' ) (collectively, the 'Services'
).
You can contact us by
phone at (+91)8055528109 , email at
support@coursocity.com
, or by
mail to Mahavir chowk, Pulgaon
, PULGAON
, Maharashtra
442302
,
India
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity ( 'you' ), and Coursocity , concerning your
access to and use of the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL
OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled
changes to the Services you are using. The modified Legal Terms will become effective upon
posting or notifying you by privacy@coursocity.com , as stated in
the email message. By continuing to use the Services after the effective date of any
changes, you agree to be bound by the modified terms.
We recommend that you
print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended
for distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content'
), as well as the trademarks, service marks, and logos contained therein (the 'Marks' ).
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the
Services 'AS IS' for your
personal, non-commercial use or internal business purpose
only.
Your use of
our Services
Subject to your compliance with these Legal Terms, including the
' PROHIBITED
ACTIVITIES
' section below, we grant
you a non-exclusive, non-transferable, revocable licence
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your
personal, non-commercial use or internal business purpose .
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address
your request to: support@coursocity.com . If we ever grant you
the permission to post, reproduce, or publicly display any part of our Services or Content,
you must identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions
Please review this section and the
' PROHIBITED ACTIVITIES
' section carefully prior
to using our Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the Services ( 'Submissions' ), you agree to
assign to us all intellectual property rights in such Submission. You agree that we shall
own this Submission and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload:
By sending us Submissions through any part of the
Services you:
- confirm that you have read and agree with our
' PROHIBITED ACTIVITIES ' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any and all
moral rights to any such Submission
; - warrant that any such Submission
licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and - warrant and represent that your Submissions
do not constitute confidential information.
You are solely
responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party’s intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant
that:
(1) all registration information
you submit
will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration information
as necessary;
(3) you have the legal capacity and you agree
to comply with these Legal Terms;
(4) you are not under the age of
13;
(5) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (6) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for any
illegal or unauthorised
purpose; and (8) your use of the Services will not violate
any applicable law or regulation.
If you
provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current
or future use of the Services (or any portion thereof).
4. USER
REGISTRATION
You
may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5.
PRODUCTS
We accept the following forms of payment:
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree
to promptly update account and payment information, including email address, payment method,
and payment card expiration date, so that we can complete your transactions and contact you
as needed. Sales tax will be added to the price of purchases as deemed required by us. We
may change prices at any time. All payments shall be in
Inr .
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorise us to charge your
chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit or prohibit orders that, in our
sole judgement , appear to
be placed by dealers, resellers, or distributors.
7. REFUNDS POLICY
All sales are final and no refund will be issued.
8. SOFTWARE
We may include software for use in connection with our Services. If
such software is accompanied by an end user licence agreement ( 'EULA' ), the terms of the EULA will govern your use of the software.
If such software is not accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable licence to use such software solely in connection with our services
and in accordance with these Legal Terms. Any software and any related documentation is
provided 'AS IS' without
warranty of any kind, either express or implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular purpose, or non-infringement. You
accept any and all risk arising out of use or performance of any software. You may not
reproduce or redistribute any software except in accordance with the EULA or these Legal
Terms.
9. PROHIBITED
ACTIVITIES
You may not
access or use the Services for any purpose other than that for which we make the
Services available. The Services may not be used in connection with any commercial endeavours except those
that are specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in
unauthorised framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload
or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information
collection or transmission mechanism, including without
limitation, clear graphics interchange formats (
'gifs' ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms' - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except
as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any
unauthorised script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences . - Use
the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating
endeavour or commercial enterprise. -
Use the Services to advertise or offer to sell goods and services.
10. USER
GENERATED CONTRIBUTIONS
11. CONTRIBUTION
LICENCE
You and
Services agree that we may access, store, process, and use any information and
personal data that you provide following the
terms of the Privacy Policy and
your choices (including settings).
By
submitting suggestions or other feedback regarding the Services, you agree that we
can use and share such feedback for any purpose without compensation to you.
12.
GUIDELINES FOR REVIEWS
We may
provide you areas on the Services to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2) your reviews should not
contain offensive profanity, or abusive, racist, offensive, or hateful language; (3)
your reviews should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should not
be affiliated with competitors if posting negative reviews; (6) you should not make
any conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not
organise a campaign encouraging others to post
reviews, whether positive or negative.
We may
accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully
paid, assignable, and sublicensable right and
licence to reproduce, modify, translate,
transmit by any means, display, perform, and/or distribute all content relating
to review.
13. SOCIAL
MEDIA
As
part of the functionality of the Services, you may link your account
with online accounts you have with third-party service providers
(each such account, a
'Third-Party Account' ) by either: (1)
providing your Third-Party Account login information through the
Services; or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your
use of each Third-Party
Account. You represent and warrant that you are entitled to disclose
your Third-Party Account
login information to us and/or grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that govern
your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider of the
Third-Party Account. By
granting us access to any Third-Party Accounts, you
understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the
'Social Network Content' ) so that it is available on and
through the Services via your account, including without limitation
any friend lists and (2) we may submit to and receive from your
Third-Party Account
additional information to the extent you are notified when you link
your account with the Third-Party Account.
Depending on the Third-Party Accounts you
choose and subject to the privacy settings that you have set in such
Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Services. Please note
that if a Third-Party
Account or associated service becomes unavailable or our access to
such Third-Party Account
is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the
Services. You will have the ability to disable the connection
between your account on the Services and your Third-Party Accounts at any
time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content
for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and
your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those
contacts who have also registered to use the Services. You can
deactivate the connection between the Services and your Third-Party Account by
contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such
Third-Party Account,
except the username and profile picture that become associated with
your account.
14. THIRD-PARTY
WEBSITES AND CONTENT
The
Services may contain (or you may be sent via the
Site ) links to other websites ( 'Third-Party Websites'
) as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content or items
belonging to or originating from third parties (
'Third-Party Content' ). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on,
available through, or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or
the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Services and
access the Third-Party Websites or to use
or install any Third-Party Content, you
do so at your own risk, and you should be aware these Legal Terms no longer govern.
You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any purchases you
make through Third-Party Websites will be
through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
15. 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.
16. PRIVACY
POLICY
We care
about data privacy and security. Please review our Privacy Policy: https://coursocity.com/privacy-policy
. By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the Services are
hosted in
India
. If you access the Services from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in
India
, then through your continued use of the
Services, you are transferring your data to
India
, and you expressly consent to have your data
transferred to and processed in
India
.
17. 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.
18. 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.
19. GOVERNING
LAW
These Legal
Terms shall be governed by and defined following the laws of
India
. Coursocity and yourself irrevocably consent
that the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal Terms.
20. DISPUTE
RESOLUTION
You agree to
irrevocably submit all disputes related to these Legal Terms or the legal
relationship established by these Legal Terms to the jurisdiction of the
India
courts.
Coursocity shall also maintain the right to bring proceedings as to the
substance of the matter in the courts of the country where you reside or, if these
Legal Terms are entered into in the course of your trade or profession, the state of
your principal place of business.
21. CORRECTIONS
There may be information on the Services
that contains typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
22.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
23. 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.
24. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations
and warranties set forth in these Legal Terms; (4) your violation of the rights of a
third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defence
and control of any matter for which you are required to indemnify us, and
you agree to cooperate, at your expense, with our
defence of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
25. 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.
26. 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.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or enforce
any right or provision of these Legal Terms shall not operate as a waiver of such
right or provision. These Legal Terms operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of a
provision of these Legal Terms is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable from these Legal Terms
and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all
defences you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute these
Legal Terms.
28. 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:
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Generator.