TERMS OF SERVICE
Last updated July 20, 2025
AGREEMENT TO OUR LEGAL TERMS
We are ATLAS PROPTECH SOFTWARE INC ("Company,"
"we," "us," "our").
We operate the website http://www.atlasproptech.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 email at [email protected]
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of
an
entity ("you"), and ATLAS PROPTECH SOFTWARE INC,
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.
Supplemental terms and conditions or documents that may be posted on the Services 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 Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these
Legal
Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to
periodically
review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after
the
date such revised Legal Terms are posted.
The Services are
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 Services.
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.
The Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
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 license 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: [email protected]. 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 and contributions
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.
Contributions: The Services may invite you to chat, contribute to,
or participate in blogs, message
boards, online forums, and other functionality during which you may create, submit, post, display, transmit,
publish,
distribute, or broadcast content and materials to us or through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal
information,
or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of
your name, trademarks, and logos):
By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell,
publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole
or
in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any
purpose,
commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your
Contributions,
and to sublicense the licenses granted in this section. Our use and distribution may occur in any
media formats and through any media channels.
This license includes our use
of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names,
logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through
any part of the Services or making Contributions accessible through the
Services
by linking your account through the Services to any of your social networking accounts, 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 nor post any Contribution 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 and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions 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.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions,
we
shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion
we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions,
we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through
the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
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 a minor in the jurisdiction in which you
reside; (5) you will not access the Services through automated or
non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and
(7) your use of the Services will not violate any applicable
law or regulation.
We may, from time to time, make changes
to the subscription fee and will communicate any price changes to
you in accordance with applicable law.
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.
We accept the following forms of payment:
- Visa
- Mastercard
- Discover
- PayPal
- Stripe
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 US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping
fees, and you authorize
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 judgment, appear to be
placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and
automatically renew unless canceled. You consent to
our charging your payment method on a recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable order.
The
length of your billing cycle is monthly.
Cancellation
You
can cancel your subscription
at any time by logging into your account. Your cancellation will take
effect
at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please
email
us at [email protected].
Fee Changes
7. 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 endeavors 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 unauthorized 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"), 1x1 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 unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized 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 pretenses.
-
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 endeavor or
commercial enterprise.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and 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 Services, 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 Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. 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 Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- 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 Services and these Legal Terms.
- 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 Legal Terms, or any applicable law or regulation.
Any use of the
Services in violation of the foregoing violates these Legal Terms and may
result in, among other things, termination or suspension of your rights to use the
Services.
9. CONTRIBUTION LICENSE
By posting your
Contributions to any part of the Services, you automatically grant, and you represent and
warrant that you have the right to grant, to
us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to
host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly
display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such
Contributions
(including, without limitation, your image and voice) for any purpose, commercial,
advertising,
or otherwise, and to prepare derivative works of, or incorporate into other works, such
Contributions,
and grant and authorize sublicenses of the foregoing. The use and distribution may
occur
in any media formats and through any media channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and includes
our use of your name, company name, and franchise name, as applicable, and any of the
trademarks,
service marks, trade names, logos, and personal and commercial images you provide. You waive
all
moral rights in your Contributions, and you warrant that moral rights have not otherwise been
asserted
in your Contributions.
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 Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize any Contributions to place them in more
appropriate
locations on the Services; and (3) to pre-screen or delete any Contributions at any time and
for
any reason, without notice. We have no obligation to monitor your Contributions.
10. 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.
11. 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.
12. PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy: https://www.atlasproptech.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 the United States. 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 the United States, then through your continued use
of the Services, you are transferring
your data to the United States, and you expressly consent to
have your data transferred to and processed
in the United States.
13. COPYRIGHT INFRINGEMENTS
We respect the intellectual
property rights of others. If you believe that any material available on or through
the Services infringes upon any copyright you own or control, please immediately notify us using the contact
information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted
or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may
be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure
that material located on or linked to by the Services infringes your copyright, you should consider first
contacting an attorney.
14. 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.
15. 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 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.
16. GOVERNING LAW
These Legal Terms and your use of
the Services are governed by and construed in accordance with the laws of Canada applicable to agreements made and to be
entirely performed within Canada, without regard to its
conflict of law principles.
17. 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 Canada courts. ATLAS PROPTECH SOFTWARE INC 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.
18. 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.
19. 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 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.
20. 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 USDURING
THE one (1)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
21. 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) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not
limited to intellectual property rights;
or (6) 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.
22. 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.
23. 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.
24. 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.
25. 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 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.
26. 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: [email protected]