TERMS OF SERVICE
Last updated: 02-12-2022
These Terms of Use constitute a legally binding agreement made
between
you,
whether personally or on behalf of an entity (“you”) and MOVΞ Global Ltd
, doing business as MOVΞ
("
MOVΞ
," “we," “us," or
“our”), concerning your access to and use of the https://mov3.io website as well
as any other media
form, media channel, mobile website or mobile application related, linked, or otherwise
connected
thereto
(collectively, the “Site”).
.
You agree that by accessing the Site, you have read, understood, and
agreed
to
be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the
Site
from time to time are hereby expressly incorporated herein by reference. We reserve the right,
in
our
sole
discretion, to make changes or modifications to these Terms of Use
from
time to time. We will alert you about any changes by updating
the
“Last
updated” date of these Terms of Use, and you waive any right to receive specific notice of each
such
change.
Please ensure that you check the applicable Terms every time you use our Site so that you
understand
which
Terms apply. You will be subject to, and will be deemed to have been made aware of and to have
accepted,
the
changes in any revised Terms of Use by your continued use of the Site after the date such
revised
Terms
of
Use are posted.
The information provided on the Site 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 Site from other locations do so on
their
own
initiative and are solely responsible for compliance with local laws, if and to the extent local
laws
are
applicable.
The Site
is
intended
for users who are at least 18 years old. Persons under the age of 18 are not
permitted
to
use or
register for the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States, international
copyright
laws,
and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these
Terms
of Use, no part of the Site 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.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to 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. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By using the
Site,
you
represent and warrant that:
(1) all registration information
you
submit
will be true, accurate, current, and complete; (2) you will maintain the
accuracy of
such
information and promptly update such registration information as necessary
;
(3) you have the legal
capacity
and
you
agree to comply with these Terms of Use;
(4) you are not a minor in the jurisdiction
in
which
you
reside
; (5) you will not access the Site through
automated or
non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal
or
unauthorized purpose; and (7) your use of the Site 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 Site (or any portion
thereof).
You may be
required
to
register with the Site. You agree to keep your password confidential and will be
responsible
for
all use of your account and password. We reserve the right to remove, reclaim, or
change
a
username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
You may not access
or
use
the
Site for any purpose other than that for which we make the Site available. The Site may not
be
used
in
connection with any commercial endeavors except those that are specifically endorsed or
approved
by
us.
As a user
of
the
Site,
you agree not to:
- Systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a
collection, compilation, database, or directory without written permission from
us.
- 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
Site,
including features that prevent or restrict the use or copying of
any
Content or
enforce limitations on the use of the Site and/or the Content
contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Site.
- Use
any information obtained from the Site 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 Site in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking to the
Site.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or
other material, including excessive use of capital letters and
spamming
(continuous posting of repetitive text), that interferes with any
party’s
uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts,
alters, or interferes with the use, features, functions, operation,
or
maintenance of the Site.
- 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 Site or the networks
or
services
connected to the Site.
- Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in
providing any portion of the Site to
you.
- Attempt
to bypass any measures of the Site designed to prevent or restrict
access to
the
Site, or any portion of the Site.
- Copy
or adapt the Site’s 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
Site.
- 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 Site, or using or launching any unauthorized script or
other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Site.
- Make
any unauthorized use of the Site, including collecting usernames
and/or
email
addresses of users by electronic or other means for the purpose of
sending
unsolicited email, or creating user accounts by automated means or
under
false
pretenses.
- Use
the Site as part of any effort to compete with us or otherwise use
the
Site
and/or the Content for any revenue-generating endeavor or commercial
enterprise.
- Use
the Site to advertise or offer to sell goods and
services.
- Sell
or otherwise transfer your profile.
6. USER
GENERATED CONTRIBUTIONS
The Site does not offer users to submit or
post
content.
We may provide you with the opportunity to create, submit, post, display,
transmit,
perform,
publish, distribute, or broadcast content and materials to us or on the Site,
including
but
not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions,
or personal information or other material (collectively, "Contributions").
Contributions
may
be viewable by other users of the Site and through third-party websites. As
such,
any
Contributions you transmit may be treated in accordance with the Site Privacy
Policy.
When
you create or make available any Contributions, you thereby represent and
warrant
that:
- The creation, distribution,
transmission,
public
display, or performance, and the accessing, downloading, or copying of
your
Contributions do not and will not infringe the proprietary rights,
including
but
not
limited to the copyright, patent, trademark, trade secret, or moral
rights
of
any
third party.
- You are the creator and
owner
of or
have the necessary licenses, rights, consents, releases, and permissions
to
use
and
to authorize us, the Site, and other users of the Site to use your
Contributions
in
any manner contemplated by the Site and these Terms of
Use.
- You have the written
consent,
release,
and/or permission of each and every identifiable individual person in your
Contributions
to use the name or likeness of each and every such identifiable individual
person to
enable inclusion and use of your Contributions in any manner contemplated by
the
Site
and these Terms of Use.
- Your Contributions are not
false,
inaccurate, or misleading.
- Your Contributions are not
unsolicited
or unauthorized advertising, promotional materials, pyramid schemes, chain
letters,
spam, mass mailings, or other forms of solicitation.
- Your Contributions are not
obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise
objectionable (as determined by us).
- Your Contributions do not
ridicule,
mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not
used
to
harass or threaten (in the legal sense of those terms) any other person and
to
promote
violence against a specific person or class of people.
- Your Contributions do not
violate
any
applicable law, regulation, or rule.
- Your Contributions do not
violate
the
privacy or publicity rights of any third party.
- Your Contributions do not
violate
any
applicable law concerning child pornography, or otherwise intended to
protect
the
health
or well-being of minors.
- Your Contributions do not
include
any
offensive comments that are connected to race, national origin, gender,
sexual
preference, or physical handicap.
- Your Contributions do not
otherwise
violate, or link to material that violates, any provision of these Terms of
Use,
or
any
applicable law or regulation.
Any use
of
the
Site
in violation of the foregoing violates these Terms of Use and may result in,
among
other
things, termination or suspension of your rights to use the Site.
You and the Site
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 Site, you agree that we can use and share such feedback for any
purpose
without compensation to you.
We do not assert
any
ownership over your Contributions. You retain full ownership of all of your Contributions
and
any
intellectual property rights or other proprietary rights associated with your Contributions.
We
are
not
liable for any statements or representations in your Contributions provided by you in any
area
on
the
Site. You are solely responsible for your Contributions to the Site and you expressly agree
to
exonerate
us from any and all responsibility and to refrain from any legal action against us regarding
your
Contributions.
8. SOCIAL
MEDIA
As part of the
functionality
of
the
Site, 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 Site; 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 Site 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 Site. 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 Site. You will have the ability to disable the connection between your account on the
Site
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 Site. You can deactivate the connection
between
the
Site 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.
9. SUBMISSIONS
You acknowledge and agree
that
any
questions, comments, suggestions, ideas, feedback, or other information regarding the Site
("Submissions")
provided by you to us are non-confidential and shall become our sole property. We shall own
exclusive
rights, including all intellectual property rights, and shall be entitled to the unrestricted
use
and
dissemination of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment
or compensation to you. You hereby waive all moral rights to any such Submissions, and you
hereby
warrant
that any such Submissions are original with you or that you have the right to submit such
Submissions.
You
agree there shall be no recourse against us for any alleged or actual infringement or
misappropriation
of
any proprietary right in your Submissions.
10. THIRD-PARTY
WEBSITE AND CONTENT
The Site 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 Site or any
Third-Party
Content posted on, available through, or installed from the Site, 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 Site 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 Terms of Use 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 Site or relating to any applications you use or install from the Site. 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 harmless from any harm caused by your purchase of such products or
services.
Additionally, you shall hold us harmless 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.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
12. PRIVACY
POLICY
We care about data privacy
and
security. Please
review
our
Privacy Policy: https://mov3.io/privacy-policy
. By using the Site, you agree to be
bound by
our
Privacy Policy, which is incorporated into these Terms of Use. Please be advised the
Site is
hosted in
Singapore
. If you access the Site from any other region of the world with laws or
other
requirements governing personal data collection, use, or disclosure that differ from
applicable
laws in
Singapore
, then through your continued use of the Site, you are transferring your data
to
Singapore
, and you agree to have your data transferred to and processed in
Singapore
.
These Terms
of
Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION
OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY,
DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change,
modify, or remove the contents of the Site at any time or for any reason at our sole discretion
without
notice. However, we have no obligation to update any information on our Site. We also reserve the
right
to modify or discontinue all or part of the Site 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
Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site 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 Site during any downtime or discontinuance of the Site. Nothing in these Terms of
Use
will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms shall be
governed by and defined following the laws of
Canada
.
MOVΞ and yourself irrevocably consent that the courts of
Canada
shall have exclusive jurisdiction to resolve any dispute
which may arise in connection with these terms.
You agree to irrevocably
submit
all disputes related to Terms or the relationship established by this Agreement to the jurisdiction
of
the
Canada
courts. MOVΞ 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 Terms are entered into in the course of your trade or profession, the state of your principal
place of
business.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR
DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES
BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) MONTH PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING
OR
$5,000.00 USD
. 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 Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties
set
forth in these Terms of Use; (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
Site
with whom you connected via the Site. 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.
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. 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 Site. 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.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, 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 Site, 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 SITE. 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.
These Terms of Use and any
policies or
operating rules posted by us on the Site or in respect to the Site constitute the entire agreement
and
understanding between you and us. Our failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use 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 Terms of
Use
is determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed
severable from these Terms of Use 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 Terms of Use or use of the Site. You agree that these Terms of Use
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 Terms of Use and the lack of signing by the parties
hereto to execute these Terms of Use.
In order to resolve a
complaint
regarding the Site or to receive further information regarding use of the Site, please contact
us
at:
