Terms of Service
Welcome to the Terms of Service (“Terms”) for the Site, owned and operated by No Names Digital Inc. These Terms govern the access and use of the Site and the Service by Our Users. Our other agreements, documents, policies, and guidelines, including, but not limited to, Our Privacy Policy, also form a part of these Terms. By accessing or using the Site and the Service, You acknowledge, consent, agree, and accept to be bound by these Terms. If You do not acknowledge, consent, agree, and accept these Terms, please do not access and/or use the Site and the Service. These Terms apply regardless of the device used to access and/or use the Site and/or Service (e.g., personal computer, a mobile device or any other technology or software). These Terms are intended to be for the benefit of each of Us and Our Personnel, Our Users, Our Partners (that we may engage) and their Personnel, and any other third-party service provider, person, or entity who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services.
The Site and the Service is offered from the United States of America (“USA”) and, regardless of Your place of residence or use and/or access location, Your access and use of the Site and the Service is governed by the laws of the state of Delaware, USA. We make no representations that the Site and the Service is appropriate for use in other locations or are legal in all jurisdictions. The Users who access and use the Site and the Service from other locations acknowledge, consent, agree, and accept to the collection, processing, use, disclosure, storage, retention, sharing, transferring, deletion, and protection of their Personal Data and Information and collection, use, and disclosure of their Sensitive Personal Data and Information in the USA, and any other jurisdiction throughout the world, in accordance with Our Privacy Policy. Our Privacy Policy can be viewed here.
These Terms may change from time to time, without any notice or liability towards Us, Our Partners (that we may engage), and any other third-party service provider, person, or entity who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services. We reserve the right to modify, amend, suspend, discontinue, terminate, or impose limits or restrict these Terms at any time without any notice or liability towards Us, Our Partners (that we may engage), and any other third-party service provider, person, or entity who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services. Your continued access and use of the Site and the Service after the effective date of the changes constitutes Your acknowledgment, consent, agreement, and acceptance to the modified Terms incorporated with any such changes. Please check the Site from time to time for the latest and updated Terms.
1. Definitions
1.1. “Applicable Law and Regulations” any applicable federal, state, or local law, statute, regulation, rule, or ordinance in accordance with the laws of the United States of America (“USA”).
1.2. “Partners” mean any person, individual, or entity that may be engaged in a professional relationship with Us in connection with the provision of various products, services, support, and/or collaboration on Our Site to Our Users.
1.3. “Personal Data and Information” means data and information that may identify, relate to, describe, may be reasonably capable of being associated with, or may reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include publicly available data and information or lawfully obtained, truthful data and information that is a matter of public concern, and de-identified data and information. For purposes of this paragraph, “publicly available” means data and information that is lawfully made available from federal, state, or local government records, or data and information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media; or data and information made available by a person to whom the consumer has disclosed the data and information if the consumer has not restricted the data and information to a specific audience. “Publicly available” does not mean biometric data and information collected by a business about a consumer without the consumer’s knowledge.
1.4. “Personnel” or “Authorized Representative” means any individual or entity that may be authorized by the Us or the User, as the case may be, to act on its behalf in connection with this Agreement. This may include affiliates, officers, employees, agents, licensors, or any other third party designated by Us or the User, as the case may be.
1.5. “Sensitive Personal Data and Information” means Personal Data and Information that may reveal the following of a consumer: their social security, driver’s license, state identification card, or passport number, account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership. Sensitive Personal Data and Information does not include publicly available data and information.
1.6. “Service” means wide range of products, services, tools, features, functionalities, resources, and content that may be provided by Us and that may be made available to the Users through the installation, access, or use of the Software, including, but not limited to, matching people in the USA with local attorneys in the USA based on multiple factors, including, but not limited to, location, expertise, and success rate.
1.7. “Site” refers to the Software’s website hosted, operated, and maintained by Us, including all pages, subdomains, and related online platforms accessible through the Site’s domain, and any associated Software’s mobile applications or other digital interfaces that may be provided by Us for the purpose of offering information, resources, tools, or Service to its Users.
1.8. “Software” means the Sixth Law, an online matching service that connects people in the USA with local attorneys in the USA, including, but not limited to, all third-party software that the We may have purchased or licensed from third parties and delivered to the User as part of the Software and any Updates or Modifications to the Software provided by Us to the User pursuant to this Agreement.
1.9. “User” or “Users” or “End User” mean any individual or individuals who subscribe to and install, access, and use the Service and the Software through the Site.
1.10. “We” or “Us” or “Our” or “Ours” means Sixth Law, any of Sixth Law’s related Bodies Corporate, any of Sixth Law’s associated affiliates, Sixth Law’s group entities, other companies in the Sixth Law group, and their respective Personnel.
1.11. “Your” or “Yours” or “You” or “They” means Our Users.
1.12. The definitions set forth in this Clause 1 are for convenience only and shall not limit or affect the meaning or interpretation of any other term or provision of this Agreement.
1.13. If any word or phrase used in these Terms are not defined in this Clause, You may refer the Privacy Policy for such definition. Even after this, if no definition is found, then such words or phrases shall be given their normal and customary meaning unless the context requires otherwise.
2. About Us
2.1. We are an attorneys’ matching service that connects people in the USA with local attorneys in the USA. We do not provide any legal advice or services, including, but not limited to, legal representation, drafting of legal documents, or consultation on legal matters.
2.2. We earn revenue and profits from our Partners who We refer the cases to.
2.3. We do not endorse any Partner (that we may engage) and are not responsible for the quality of Service that may be provided by the Partners (that we may engage).
2.4. We shall not be responsible for any communication, negotiation, or agreement between the Users and the Partners (that we may engage).
2.5. Users acknowledge and agree that We are not responsible for the quality, accuracy, or reliability of any Service obtained through the Site and the Service, and that any reliance on such Service is at the Users’ own and sole risk, liability, and responsibility.
2.6. Users acknowledge and agree that They are solely and exclusively liable and responsible for evaluating the quality, accuracy, and reliability of any Service obtained through the Site and the Service.
2.7. Users acknowledge and agree that We shall not be liable for any losses, damages, or other consequences arising from or relating to their access and/or use of or reliance on the Service obtained through the Site and the Service.
2.8. We reserve the right to change the commission rates if any, and other terms and conditions applicable to the Partners (that we may engage) at any time.
2.9. Limitations and Restrictions for Site and the Service. Users acknowledge and agree that the Service provided by the Site may be subject to certain limitations and restrictions as determined by Us, including, but not limited to, availability, accessibility, and scope of Service. We reserve the right, at Our sole discretion, from time to time, to modify, amend, suspend, discontinue, or terminate any part or whole of the Site and the Service, or impose limits on any part or whole of the Site and the Service, or restrict access to parts or whole of the Site and the Service, temporarily or permanently, without notice or liability. Users shall not attempt to circumvent, manipulate, or exploit any limitations or restrictions of the Site and the Service to gain unauthorized access, obtain Service outside the scope of the Site, or for any other purpose not expressly permitted by Us.
2.10. We operate and own the host website.
2.11. The Service offered on the Site may not be representative of all the products, content, material, and services available in the market.
3. Eligibility
3.1. To use the Site and the Service, You must be at least 18 years of age and have the legal capacity to enter into a binding contract.
3.2. By using the Site and the Service, You represent and warrant that You are at least 18 years of age and have the legal capacity to enter into these Terms.
4. Your License to Access the Site and the Service
4.1. Subject to these Terms, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and the Service solely for purposes mutually agreed between You and Us.
4.2. You acknowledge and agree that the Site and the Service, including, but not limited to, the content, features, tools materials, and any other information available on or through the Site and the Service, are protected by copyright, trademark, and other proprietary rights and laws.
4.3. You shall not copy, reproduce, modify, distribute, transmit, display, perform, publish, or create derivative works from any part of the Site or the Service without Our express prior written consent.
4.4. We reserve the right, at Our sole discretion, from time to time, to modify, amend, suspend, discontinue, or terminate any part or whole of the Site and the Service, or impose limits on any part or whole of the Site and the Service, or restrict access to parts or whole of the Site and the Service, temporarily or permanently, without notice or liability.
5. Use of the Site and the Service
5.1. Users agree to use the Site and the Service only for lawful purposes and in accordance with these Terms and any Applicable Laws and Regulations.
5.2. You acknowledge and agree not to use the Site and the Service:
(a) To access the Site and/or the Service by any means other than through the Site that is provided by Us;
(b) To attempt to gain unauthorized, illegal, or unlawful access to any User accounts, computer systems, or networks connected to the Site and/or the Service, through hacking, password mining, or any other means;
(c) To copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site and/or the Service;
(d) To disseminate, transmit, or post any content that may: (i) violate any Applicable Laws or Regulations (whether local, state, national, or international), (ii) infringe or violate any copyright, trademark, trade secret, patent or any other proprietary right or privacy rights or publicity rights of Us, any User, any Partner (that we may engage), any third-party, person, or entity, or (iii) include third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
(e) To disseminate or transmit any worms, viruses or any other harmful, disruptive or destructive files, code, programs or other similar technologies;
(f) To post any material that may contain software viruses, or any other harmful computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of the Site, the Service, any computer software or hardware, or telecommunications equipment;
(g) To facilitate violations of these Terms or the Site’s Privacy Policy or any of Our other agreements, documents, policies, and guidelines;
(h) For any illegal, unauthorized, or unlawful purpose or in any way that may interfere, damage, disable, overburden, or impair the Site’s functionality or the Service’s functionality, or servers and networks connected to the Site and the Service, or may interfere with any other User’s, person’s, or entity’s access and use of the Site or the Service, or may disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site and the Service;
(i) For the purpose of exploiting, harming, harassing, threatening, stalking, or attempting to exploit, harm, harass, threaten, or stalk any User, person, or entity in any way by exposing them to inappropriate or harmful content, asking for personally identifiable information, or otherwise;
(j) To harvest or collect, process, use, disclose, store, retain, share, transfer and delete Personal Data and Information and collect, use, and disclose Sensitive Personal Data and Information about Users, or use such information for any illegal, unauthorized, or unlawful purpose;
(k) To impersonate or attempt to impersonate Us and/or any of Our Personnel, any of Our Partners (that we may engage) and/or any of their Personnel, any other User, third-party, person, or entity, or falsely state or otherwise misrepresent Your affiliation with Us, Our Partners (that we may engage), any User, or any third-party, person, or entity;
(l) To manipulate identifiers to disguise the origin of any content or comment You post on or through the Site and the Service;
(m) To modify the Site and/or the Service in any manner or form, or use modified versions of the Site or Service, including, but not limited to, for the purpose of obtaining illegal, unauthorized, or unlawful access to the Site and/or the Service;
(n) To post any content that may be unlawful, illegal, unauthorized, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or any other classification or otherwise objectionable in any way;
(o) To disseminate, transmit, or procure the sending of any unsolicited or unauthorized advertising, commercial, promotional materials, including, but not limited to, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(p) To remove or obscure the copyright notice or any other notices displayed in connection with the Service accessible through the Site;
(q) To reproduce, print, cache, store or distribute content retrieved from the Site or the Service in any way, for any purpose other than for purposes mutually agreed between You and Us without Our express prior written consent;
(r) To sell, assign, sublicense, or otherwise transfer any right, interest, or title in the Site and/or the Service without Our express prior written consent;
(s) To use any automated system, including, but not limited to, robots, spiders, or offline readers, to access, monitor or copy any content or information from the Site and/or the Service without Our express prior written consent;
(t) To violate the restrictions in any robot exclusion headers on the Sites and/or in the Service, if any, or bypass or circumvent other measures employed to prevent, limit, or restrict access to the Site and/or Service;
(u) To engage in any other conduct that may restrict or inhibit any User’s, Partner’s (that we may engage), person’s, or entity’s access, use, or enjoyment of the Site and the Service, or which, as determined by Us, may harm Us, Our Partners (that we may engage), or Users of the Site and the Service or expose them to harm or liability or disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Site and/or the Service.
5.3. You agree to comply with all the Applicable Laws and Regulations governing Your access and/or use of the Site and the Service.
5.4. You acknowledge and agree not to engage in any activity that may expose Us, Our Partners (that we may engage), and Our Users of the Site and/or the Service to any harm or liability of any nature.
5.5. We reserve the right to terminate Your license or suspend, restrict, disable, remove, or terminate Your access and/or use to the Site and the Service, without any liability to Us including, but not limited to, for any loss of profits, revenue, data, goodwill or other intangible losses, at any time, without notice, if You violate these Terms or any other agreements, documents, policies, or guidelines that govern Your access and/or use of the Site and/or the Service.
5.6. Consequences of Violations. If a User violates any provision of these Terms, We reserve the right, at Our sole and exclusive discretion, to take any action We deem necessary and appropriate, including, but not limited to, issuing warnings; suspending, disabling, removing, or terminating the User’s account; prohibiting, limiting, or restricting the access and use to the Site and the Service; taking any legal action against the User; reporting any suspected unlawful, illegal, or unauthorized activity to law enforcement officials, authorities, or regulators; and disclosing any information necessary or appropriate to such persons or entities relating to the User’s profile, including e-mail address, usage history, posted materials, Internet Protocol (“IP”) addresses, traffic information, and any other information necessary and appropriate under the Applicable Laws and Regulations. We may investigate any reported violations of these Terms or any complaints and take any action We deem necessary and appropriate to protect Us, Our Users, Our Partners (that we may engage), and any other third-party service provider, person, or entity who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services.
6. User Account
6.1. Account Creation. To access and use the Site and the Service, Users may be required to create an account by providing accurate, current, and complete information as prompted by the Site’s registration process, including, but not limited to, the Users’ name, e-mail address, phone number, and any other information requested by the Site. Users may be required to create a unique username and password to access and use their accounts. Users must be at least 18 years of age to create an account on the Site. By creating an account, Users represent and warrant that They meet the minimum age requirements.
6.2. Account Verification. We may, at Our sole discretion, require Users to undergo a verification process to confirm their identity, qualifications, or any other information provided during the registration process. Users may be required to provide additional information, documents, or proof of identity, such as a government-issued identification card, professional licenses, or certifications, as part of the verification process. We reserve the right to suspend, restrict, disable, remove, or terminate a User’s account if the User fails to provide the requested information or if We have a reason to believe that the User has provided false, misleading, or incomplete information.
6.3. Account Maintenance and Security. Users are solely and exclusively responsible for keeping their account information current, complete, and accurate at all times. Users must promptly update their account information in the event of any changes, including changes to their contact information, professional qualifications, or any other relevant information. Users are responsible and liable for all activities that occur under and in their accounts, whether authorized or unauthorized. Users must immediately notify Us of any unauthorized access and/or use of their accounts or any other breach of security. Users may not share their account credentials with any other person or entity. Users are responsible for implementing and maintaining appropriate confidentiality and security measures to protect their account credentials and any information stored on their own devices and/or systems. Users must ensure that They securely log out from their account at the end of each session when accessing the Site and the Service to prevent unauthorized access to their account. We shall not be liable for any loss or damage arising from the User’s failure to comply with these account maintenance and security requirements. User shall be held liable for any losses incurred by Us, Our Partners (that we may engage), any other User, or any other third-party service provider, person, or entity who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services, due to illegal, unauthorized, or unlawful use and access to their account as a result of their failure to secure their account credentials and any other information of the concerned User.
6.4. Account Termination. Users may terminate their accounts at any time by providing Us with a prior written notice. Upon receipt of such notice, We shall deactivate the User’s account and remove all related content and information, subject to any applicable legal or regulatory obligations and requirements. We reserve the right to suspend, restrict, disable, remove, or terminate a User’s account, with or without notice, without liability towards Us, for any reason, including but not limited to: (i) violation of these Terms or any other agreement, document, policy, or guidelines between the User and Us; (ii) providing false, misleading, and/or incomplete information during the registration or verification process or during the course of maintaining an account on the Site; (iii) non-payment of fees, expenses, charges, costs, or any other amounts that may be owed to Us if any; (iv) engaging in fraudulent, illegal, or unethical activities; or (v) any other reason that may be deemed necessary and appropriate by Us in Our sole discretion to protect Our interests, Our Partners’ interests (that we may engage), Our Users’ interests, and any other third-party service provider’s, person’s, or entity’s interests who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services. Upon termination of a User’s account, the User’s right to access and use the Site and the Service shall immediately cease. We may, at Our sole and exclusive discretion, retain or delete any content, information, or materials associated with the User’s account, subject to any applicable legal or regulatory obligations and requirements. Termination of a User’s account shall not relieve the User of any outstanding payment obligations, which shall survive termination and remain due and payable in accordance with the applicable payment terms between Us and the User.
7. Privacy
7.1. We are committed to protecting Your privacy. When You access and/or use the Site and the Service, You acknowledge, consent, agree, and accept that You have read and understood Our Privacy Policy, which is incorporated into these Terms by reference and governs how Your Personal Data and Information may be collected, processed, used, disclosed, stored, retained, shared, transferred, deleted, and protected and Your Sensitive Personal Data and Information may be collected, used, and disclosed. When You access and/or use the Site and the Service, You acknowledge, consent, agree and accept to Your Personal Data and Information being collected, processed, used, disclosed, stored, retained, shared, transferred, deleted, and protected and Your Sensitive Personal Data and Information being collected, used, and disclosed in accordance with Our Privacy Policy. You should review Our Privacy Policy carefully to understand how We handle Your Personal Data and Information and Sensitive Personal Data and Information.
7.2. You acknowledge and agree that Your Personal Data and Information may be shared, transferred, and retained and Sensitive Personal Data and Information may be collected, used, and shared to Our Partners (that we may engage), and other third parties to provide the Service on the Site. Your Personal Data and Information may be further collected, processed, used, disclosed, stored, retained, shared, transferred, deleted, and protected in accordance with the applicable privacy policy of Our Partners (that we may engage) and other third parties.
7.3. You acknowledge and agree that You are solely and exclusively liable and responsible for reading, understanding, consenting, agreeing, and accepting to such privacy policy and other agreements, documents, policies, and guidelines of Our Partners (that we may engage) and any other third-party service provider, person, or entity who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services when accessing and/or using the Site and the Service.
7.4. We take reasonable measures to protect the security, confidentiality, and integrity of Your Personal Data and Information and Sensitive Personal Data and Information, in accordance with Our Privacy Policy. However, You acknowledge and agree that no method of transmission over the Internet, electronic storage, or any other data protection systems can guarantee absolute security and safety of Your Personal Data and Information and Sensitive Personal Data and Information. As such, We cannot warrant or ensure the complete and infallible security and safety of Your Personal Data and Information and Sensitive Personal Data and Information. In the event of any security breach or illegal, unauthorized, or unlawful access and/or use to Your Personal Data and Information and Sensitive Personal Data and Information, We may attempt to promptly notify You and take appropriate steps to investigate, mitigate, and rectify the situation, in accordance with the Applicable Laws and Regulations. By using the Site and the Service, You acknowledge and agree to the inherent risks associated with the electronic transmission and collection, processing, use, disclosure, storage, retaining, sharing, transferring, deletion, and protection of Your Personal Data and Information and the collection, usage, and disclosure of Your Sensitive Personal Data and Information and agree not to hold Us liable or responsible for any illegal, unauthorized, or unlawful access, disclosure, loss, or damage, partially or fully, of Your Personal Data and Information and Sensitive Personal Data and Information. To further protect Your Personal Data and Information and Sensitive Personal Data and Information, You are encouraged to adopt best practices, including, but not limited to, using strong and unique passwords and regularly updating Your account information.
7.5. You understand and agree that any User Content that You may submit, post, upload, or otherwise make available on or through the Site or the Service may be accessible to other Users and may be publicly available. You should exercise caution and diligence when deciding to disclose any Personal Data and Information and/or Sensitive Personal Data and Information in Your User Content and understand and agree that You do so at Your own risk, liability, and responsibility.
7.6. We and Our Partners (that we may engage) may use cookies, web beacons, and other tracking technologies to collect information about Your use of the Site and the Service, as may be described in Our Privacy Policy. By using the Site and the Service, You provide your express prior written consent to the use of such cookies, web beacons, and other tracking technologies in accordance with Our Privacy Policy.
7.7. You acknowledge, consent, agree, and accept that We may access, preserve, and disclose Your Personal Data and Information, and any content You may submit, post, upload, or otherwise make available on or through the Site or the Service, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for any of the following reasons: (i) To comply with Applicable Laws and Regulations, court orders, subpoenas, warrants, or other legal processes served upon the Us, or as otherwise required by law; (ii) To enforce these Terms, investigate any potential violations, or take appropriate action against Users who violate or are suspected of violating these Terms; (iii) To respond to claims, allegations, or notices that any content submitted, posted, uploaded, or otherwise made available on or through the Site and/or the Service infringes, misappropriates, or otherwise violates the intellectual property rights, proprietary rights, privacy rights, or any other rights of any User or third parties; (iv) To protect and defend the rights, property, or personal safety of Us, Our Users, Our Partners (that we may engage), or any third-party service provider, person, or entity who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services and the public, including, but not limited to, preventing or addressing issues of fraud, security, or technical issues; (v) To respond to Your requests for customer service, provide support, troubleshoot issues, or address any concerns You may have regarding Your access and use of the Site and the Service; (vi) To maintain, operate, and improve the Site and the Service, including, but not limited ,to monitoring and analyzing usage patterns, trends, and User behavior, and addressing any technical or performance issues that may arise.
7.8. You acknowledge and agree that We shall not be liable or responsible to You for any claims or damages arising from, in connection with, or resulting from, the Service that may be provided by Our Partners (that we may engage).
8. Fees and Payments
8.1. Third-Party Payment Processing. We may use third-party payment processors to facilitate the payment of fees, expenses, charges, costs, or any other amounts, if any, between the Us and Users. By using the Site and the Service, You agree to comply with any terms, conditions, or policies governing the use of such third-party payment processors and acknowledge that We are not responsible or liable for any loss, damage, or harm that may result from Your use of or reliance on such processors.
8.2. Taxes. Users shall be responsible for any and all taxes, duties, or other governmental charges that may be applicable to the fees, expenses, charges, costs, or any other amounts that may be paid or payable by the Users to Us.
8.3. Refunds and Cancellations. Any refunds or cancellations related to any fees, expenses, charges, costs, or any other amounts that may be paid by Users to Us are subject to Our internal terms, conditions, and policies. Users should carefully review and understand Our refund and cancellation policies before entering into any agreement or transaction with Us.
9. Confidential Information
9.1. Definition of Confidential Information. “Confidential Information” shall mean any non-public, proprietary, or sensitive information, including, but not limited to, trade secrets, business plans, financial data, client lists, strategies, and any other information that may be designated as confidential and may be disclosed by Us, Our Partners (that we may engage), and any other third-party service providers, persons, or entities who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services, and may be received by Us, Our Users, Our Partners (that we may engage), and any other third-party service providers, persons, or entities who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services, whether disclosed and/or received orally, in writing, or by any other means, in connection with the access and use of the Site and the Service.
9.2. Obligations of Confidentiality. We, Our Users, Our Partners (that we may engage), and any other third-party service providers, persons, or entities who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services agree to maintain the confidentiality and security of any Confidential Information received from Us, Our Partners (that we may engage), or any other third-party service providers, persons, or entities who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services. We, Our Users, Our Partners (that we may engage), and any other third-party service providers, persons, or entities who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services agree to take all reasonable precautions to prevent illegal, unauthorized, or unlawful disclosure or use of such Confidential Information. We, Our Users, Our Partners (that we may engage), and any other third-party service providers, persons, or entities who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services shall not disclose, reproduce, distribute, or use any Confidential Information for any purpose other than the purpose(s) as that may be mutually agreed between the concerned parties. Users shall promptly notify Us of any illegal, unauthorized, or unlawful disclosure or use of Confidential Information of which They become aware and shall cooperate with Us in remedying any such illegal, unauthorized, or unlawful disclosure or use.
9.3. Exceptions. The obligations set forth in this Clause 9 shall not apply to any information that: (i) was already known to the User/receiving Party prior to its disclosure by the disclosing Party; (ii) is or becomes publicly available through no fault of the User/receiving Party; (iii) is independently developed by the User/receiving Party without reference to the Confidential Information; or (iv) is required to be disclosed by law, regulation, or a valid order of a Court or governmental agency.
10. Non-Disclosure Obligations
10.1. Purpose. The purpose of this Clause 10 is to protect the Confidential Information, as defined in Clause 9, that may be exchanged between Us, Our Users, Our Partners (that we may engage), and any other third-party service providers, persons, or entities who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services, in connection with the access and use of the Site and the Service, and to prevent the illegal, unauthorized, or unlawful disclosure, reproduction, distribution, or use of Confidential Information.
10.2. Non-Disclosure Obligations. We, Our Users, Our Partners (that we may engage), and any other third-party service providers, persons, or entities who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services, agree not to disclose any Confidential Information received from Us, Our Partners (that we may engage), or any other third-party service provider, person, or entity who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services to any other third-party, person, or entity without the express prior written consent of the disclosing Party. We, Our Users, Our Partners (that we may engage), and any other third-party service providers, persons, or entities who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services agree to disclose, reproduce, distribute, and/or use the Confidential Information solely and exclusively for the purposes mutually agreed between the concerned parties and not for any other purpose, including, but not limited to, personal gain or the detriment of Us, any User, any Partner (that we may engage), or any third-party, person, or entity. We, Our Users, Our Partners (that we may engage), and any other third-party service providers, persons, or entities who may help Us deliver, maintain, and improve Our Site and the Service or may be involved in providing Us products and services shall take all reasonable precautions to prevent the illegal, unauthorized, or unlawful disclosure, reproduction, distribution, or use of Confidential Information, including, but not limited to, ensuring that access to Confidential Information is restricted to those individuals who have a legitimate need to know the Confidential Information for the sole and exclusive purpose as mutually agreed between the concerned parties.
10.3. Return or Destruction of Confidential Information. Upon the termination of the User’s relationship with Us, or at the request of the disclosing Party, the User/receiving Party shall promptly return or destroy, at the discretion of the disclosing Party, all Confidential Information in the possession or control of the User/receiving Party, including, but not limited to, any and all copies, reproductions, or other embodiments of Confidential Information, and shall certify in writing that the User/receiving Party has done so.
11. Intellectual Property
11.1. Ownership and Reservation of Rights. All intellectual property rights, title, and interest, including, but not limited to, copyrights, trademarks, service marks, trade names, trade secrets, patents, and other proprietary rights, in and to the Site, the Service, and all content, materials, and information available on or through the Site or the Service, including, but not limited to, Site’s look and feel, designs, text, graphics, images, video, information, logos, software, audio, and other files (collectively, “Our Content”), are owned by Us and is the property of Us. The Site, the Service, and Our Content is protected by copyright, trademark, and other proprietary rights and laws. Except as expressly provided in these Terms, no part of the Site, the Service, or Our Content may be modified, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution, without Our express prior written consent.
11.2. Limited License. Subject to Your compliance with these Terms and any Applicable Laws and Regulations, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site, the Service, and Our Content solely for the purposes mutually agreed between You and Us. This license does not grant You any rights to use Our trademarks, service marks, logos, or other indicia of origin, and You agree not to remove, obscure, or alter any proprietary notices (including copyright and trademark notices) that may appear on or within the Site, the Service, or Our Content or otherwise exploit any Service provided on the Site for any purpose not expressly permitted by these Terms without Our express prior written consent. Any rights not expressly granted in these Terms are reserved by Us.
11.3. Infringement Claims. We respect the intellectual property rights of other Users, Our Partners (that we may engage), and any third-parties, persons, and entities, and expect Our Users to do the same. We may, in appropriate circumstances and at Our sole and exclusive discretion, suspend, restrict, disable, remove, or terminate Your access and use to any content, material, feature, service, or any other information on the Site and/or Service that may infringe upon the copyrights or any other intellectual property rights or proprietary rights of any User, any Partner (that we may engage), or any third-party, person, or entity. If You believe that any content or material on the Site or the Service infringes upon Your intellectual property rights or any other proprietary rights, please provide Us with a written notice containing the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right or any other proprietary right that is allegedly infringed;
(b) A description of the copyrighted work, intellectual property right, or any other proprietary right that You claim has been infringed;
(c) A description of where the material that You claim is infringing is located on the Site or the Service;
(d) Your address, telephone number, and e-mail address;
(e) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright, intellectual property, or any proprietary right owner, its agent, or the law;
(f) A statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright, intellectual property, or any proprietary right owner or authorized to act on the copyright, intellectual property, or the proprietary right’s owner’s behalf.
11.4. Please send Your notice of alleged infringement and takedown request to Our e-mail address for receiving such notices at [email protected].
12. User Content
12.1. Definition of User Content. For the purpose of these Terms, “User Content” means any and all information, materials, data, text, graphics, images, photographs, audio or video recordings, creative works, or other content that You may submit, post, upload, or otherwise make available on or through the Site or the Service.
12.2. Ownership and Responsibility. You retain all ownership rights to Your User Content. You are solely responsible for the accuracy, legality, reliability, and appropriateness of Your User Content. By submitting, posting, uploading, or otherwise making available Your User Content, You represent and warrant that You own or have the necessary rights, licenses, consents, and permissions to use and authorize Us, Our Users, and Our Partners (that we may engage) to use Your User Content in accordance with these Terms and any Applicable Laws and Regulations.
12.3. License grant. You understand and agree that We have the right, but not the obligation, to review, monitor, and remove any User Content at Our sole discretion and for any reason, including, but not limited to, User Content that may violate these Terms, Applicable Laws and Regulations, or otherwise may be deemed objectionable or inappropriate by Us. You also acknowledge that We may preserve and disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these Terms, to respond to claims that any User Content violates the rights of third parties, or to protect the rights, property, or personal safety of Us, Our Users, Our Partners (that we may engage), and any third-party, person, or entity.
12.4. No endorsement or pre-screening. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted on the Site or the Service. You understand and agree that by using the Site and the Service, You may be exposed to User Content that might be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. We may not be able to pre-screen, control, or actively monitor all or any User Content, and You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as a result of Your reliance on, use, or exposure to any User Content.
12.5. Feedback. If You provide Us with any comments, suggestions, ideas, or other feedback regarding the Site or the Service (“Feedback”), You hereby grant Us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable, and perpetual license to use, reproduce, distribute, display, perform, adapt, modify, create derivative works from, and otherwise exploit Your Feedback, in any and all media now known or later developed, for any purpose whatsoever, including, but not limited to, for promoting and redistributing part or all of the Site and the Service (and derivative works thereof) in any media formats and through any media channels, without any compensation, acknowledgment, or any other obligation to You. You represent and warrant that You have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that You may submit, post, upload, or otherwise make available on or through the Site or the Service.
13. Third-Party Links
13.1. Third-Party Websites and services. The Site and the Service may contain links to websites, resources, or services provided by Our Partners (that we may engage) and any third parties, including, but not limited to, advertisers, sponsors, and other websites, partners, platforms, and services (collectively, “Third-Party Links”). These Third-Party Links may be provided for Your convenience and as a courtesy only and do not constitute an endorsement, sponsorship, or recommendation by Us of the third-party, its website, or its content or services. We may have no control over the content, material, information, features, or any other agreements, guidelines, policies, or practices of any third-party websites, partners, platforms, or services and assume no responsibility or liability for any loss or damage of any sort incurred as a result of Your use of or reliance on any Third-Party Links.
13.2. User Responsibility. You acknowledge and agree that Your use of any Third-Party Links is at Your own sole and exclusive risk, liability, and responsibility, and You are solely and exclusively responsible for reviewing and complying with any and all terms, conditions, agreements, documents, policies, or guidelines governing such Third-Party Links. You further acknowledge that We have no responsibility or liability for any and all loss, damage, or harm that may result from Your access and/or use of or reliance on any Third-Party Links, including, but not limited to, any errors, omissions, inaccuracies, or misrepresentations in the content or services that may be provided by such third parties.
13.3. Availability and Modifications. We do not guarantee the availability, accuracy, or continued existence of any Third-Party Links and reserves the right, in Our sole discretion, to remove, modify, or disable access and/or use to any Third-Party Links without prior notice and for any reason, including, but not limited to, any violation of these Terms or Applicable Laws and Regulations.
13.4. Third-Party Content. Any opinions, statements, services, offers, or other information or content expressed or made available by Our Partner (that we may engage) or any third parties through the Site and/or the Service, including, but not limited to, advertisers, sponsors, and other websites, partners, platforms, and services are those of the respective Partners (that we may engage) or third parties and not of Us. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any such Partner (that we may engage) and third-party content, and You acknowledge that reliance on such content is solely and exclusively at Your own risk, liability, and responsibility.
13.5. Transactions with Third Parties. Any transactions, communications, or other dealings You have with Our Partners (that we may engage) and any third parties, including, but not limited to, advertisers, sponsors, and other websites, partners, platforms, and services found on or through the Site or the Service are solely between You and the Partner (that we may engage) or the concerned third-party. The Partner (that we may engage) or any third-party information that may be available on the Site does not directly or indirectly reflect any policies, procedure, standards, and/or guidelines of Us. We assume no responsibility or liability for any and all loss or damage of any sort incurred as the result of any such dealings, and You agree to indemnify, defend, and hold harmless Us and Our Personnel from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) that may arise out of or in connection with Your use of any Third-Party Links or Your transactions, communications, or other dealings with any of Our Partners (that we may engage) or any third parties found on or through the Site or the Service.
13.6. User-Generated Third-Party Links. You may have the ability to submit, post, or share Third-Party Links on the Site or through the Service. You represent and warrant that You have the right to share such Third-Party Links and that they do not violate any intellectual property rights, privacy rights, or other rights of any third-party. By submitting, posting, or sharing Third-Party Links, You grant Us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable, and perpetual license to use, reproduce, distribute, display, perform, adapt, modify, create derivative works from, and otherwise exploit such Third-Party Links in connection with the Site, the Service, and Our marketing, promotional, and other related activities, in any and all media now known or later developed.
13.7. Reporting Inappropriate Third-Party Links. We encourage Users to report any Third-Party Links that may be inappropriate, offensive, illegal, or otherwise in violation of these Terms or Applicable Laws and Regulations. To report a Third-Party Link, please contact Us at [email protected] and provide a detailed description of the issue, along with the URL of the Third-Party Link in question. We shall review Your report and take appropriate action as may be deemed suitable and appropriate by Us, in Our sole and exclusive discretion, which may include removing or disabling access to the reported Third-Party Link.
13.8. We make no representations or warranties regarding any Partners (that we may engage) and Third-Party Links, including, but not limited to, the accuracy, legality, reliability, or quality of any content, services, or products provided by or through such Partners (that we may engage) or Third-Party Links. Your use of and reliance on any Partners (that we may engage) and Third-Party Links are solely and exclusively at Your own risk and responsibility, and We expressly disclaim any and all liability arising from or related to Your use of or reliance on any Partners (that we may engage) and Third-Party Links.
14. No Financial or Legal Advice
14.1. The Site provides a range of Service. However, the Site does not provide financial advice or services, including, but not limited to, investment advice, financial planning, asset management, or securities trading.
14.2. We do not represent, warrant, or imply that any of the information, materials, or services provided by the Site, including any Service obtained through the Site, are suitable or appropriate for making financial decisions, planning for financial goals, or engaging in investment or any other financial activities.
14.3. We do not guarantee or endorse the accuracy, reliability, completeness, or suitability of any information, materials, or services provided by or through the Site, including any Service obtained through the Site, for any financial purpose or activity.
14.4. Users acknowledge and agree that They are solely liable and responsible for their own financial decisions, planning, and activities, and for seeking and obtaining appropriate financial advice and services from qualified financial professionals.
14.5. Users acknowledge and agree that any decision to use or rely on the information, materials, or services provided by or through the Site, including any Service obtained through the Site, for any financial purpose or activity, is made at the Users’ own risk, liability, and responsibility, and that the Site shall not be liable for any losses, damages, or other consequences arising from or relating to such use or reliance.
15. Disclaimer of Warranties
15.1. The Site and the Service are provided solely for the purposes mutually agreed between You and Us. No content on the Site and the Service is intended to constitute professional advice, whether financial, legal, or otherwise, between Us and the Users. We are not responsible or liable for any consequences relating directly or indirectly to any action You take or fail to take based on the Service available or made available through or on the Site.
15.2. Your access and/or use of the Site and the Service is at Your sole and exclusive risk, liability, and responsibility. The Site and the Service are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site and the Service.
15.3. To the fullest extent permissible by Applicable Laws and Regulations, We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, title, correctness, accuracy, and reliability.
15.4. We do not warrant and represent that the Site and the Service will be uninterrupted or error-free, that defects will be corrected, or that the Site and the Service or its servers or networks that makes the Site and the Service available are free of viruses or any other harmful components.
15.5. We do not warrant and represent that the e-mails, messenger messages, or any other communications sent by Us will be free of viruses or any other harmful components.
15.6. We make no representations or warranties about the correctness, currentness, accuracy, reliability, completeness, usefulness, or timeliness of any Service provided on the Site, or the results that may be obtained from accessing and/or using the Site or the Service.
15.7. While the information on the Site and the Service may be considered to be true and correct at the date of publication, changes may occur and changes in circumstances after the time of publication of these Terms may impact the correctness, currentness, accuracy, reliability, completeness, usefulness, or timeliness of the information on the Site and the Service. Therefore, the information on the Site and the Service may change without notice and We are not, in any way or manner, liable or responsible for the correctness, currentness, accuracy, reliability, completeness, usefulness, or timeliness of any information or change in information on the Site and/or the Service.
15.8. If the User is in any doubt regarding the Our Service, the User must seek further clarification from Us before choosing and using the Service.
15.9. To the maximum extent permissible by law, We have no liability in relation to or arising out of the information and recommendations that may be provided on the Site. The User must take time to read through all information supplied before proceeding.
15.10. We shall not be liable or responsible for any damages of any kind arising from the use of the Site and the Service, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
15.11. You acknowledge and agree that Your use and access of the Site and the Service is at Your own risk, liability, and responsibility, and that You will be solely and exclusively responsible and liable for any damage to Your computer system or loss of data that results from Your access and/or use of the Site and the Service. We shall not be responsible or liable for any and all loss or damage resulting from the User’s reliance on any Service provided on the Site.
16. Limitation of Liability
16.1. In no event shall We and Our Personnel be held liable or responsible for any damages, including direct, indirect, punitive, incidental, special, or consequential damages, arising from or related to Your access and/or use of the Site and the Service. This includes, but is not limited to, damages that may result from:
(a) the use or inability to use the Site or Service,
(b) unauthorized, illegal, or unlawful access or alteration of Your transmissions of Personal Data and Information and Sensitive Personal Data and Information,
(c) third-party statements or conduct on the Site or the Service,
(d) reliance on the Service made available on or through the Site, or
(e) any other matter related to the Site or the Service.
This Limitation of Liability may apply to any theory of liability, including, but not limited to, breach of contract, tort (such as negligence and strict liability), or any other cause, regardless of any nature or kind of the loss or damage, including, but not limited to, loss or inability to access or use the Site and the Service, loss or damage to or of profits, loss or damage to or of data, loss or damage to or of goodwill, or indirect, incidental, special, consequential, exemplary, or punitive damages.
16.2. These Limitations shall apply whether or not We have been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
16.3. Because some jurisdictions do not allow the limitation or exclusion of liability for indirect, incidental, special, consequential, exemplary, or punitive damages, some of the above limitations may not apply to You.
16.4. The foregoing does not affect any liability that cannot be excluded or limited under Applicable Laws and Regulations.
16.5. Notwithstanding the other provisions of these Terms, if We are found to be liable to You for any damage or loss which arises out of or is in any way connected with Your access and/or use of the Site and the Service, Our liability shall, in no event, exceed the greater of USD $100.00.
17. Indemnification
17.1. You agree to indemnify, defend, and hold harmless Us and Our Personnel from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that may arise out of or in connection with Your access and/or use of the Site and the Service, Your violation of these Terms, or Your violation of any rights of any User, any Partner (that we may engage), or any third-party, person, or entity.
17.2. You agree to pay any and all damages, costs, and expenses incurred by Us and Our Personnel as a result of Your access and use of the Site and the Service or Your violation of these Terms.
17.3. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.
18. Interactive Computing Service Provider and Limited Liability
18.1. You acknowledge, consent, agree, and accept that We operate as a provider of interactive computing services, as defined under the Communications Decency Act, 47 U.S.C. § 230 (“CDA”) in the USA. As such, We expressly reserve Our rights and protections under this legal framework, including but not limited to, not being treated as the publisher, author, or speaker of any information, content, or material that is accessible, transmitted, or otherwise made available on or through the Site, its web search functionality, or any third-party content or other additional content or discoverability features that may be integrated into the Site.
18.2. In compliance with the provisions of the CDA, We shall not be held responsible or liable for any content, information, or material provided, posted, or made available by Users or third parties on or through the Site and the Service. We do not create, review, edit, endorse, or control any such content, information, or material, and are not liable or responsible for any actions or inactions of Users, Partners (that we may engage), or third parties in connection with their access and use of the Site, the Service, or any content made available therein.
18.3. We may, in Our sole and exclusive discretion, remove, modify, or restrict access to any content, information, or material that We believe, in good faith, to be in violation of these Terms, Applicable Laws and Regulations, or the rights of Us, Our Users, Our Partners (that we may engage), or any other third-party, person, or entity. However, We are not obligated to monitor, review, or take action regarding any content, information, or material posted, submitted, or otherwise made available on or through the Site and the Service.
18.4. By accessing and using the Site and the Service, Users acknowledge and agree that They are solely responsible and liable for their own actions, inactions, and any content, information, or material They post, submit, or otherwise make available on or through the Site. Users agree to indemnify, defend, and hold harmless Us and Our Personnel from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to their use of the Site, the Service, or any content They provide, post, submit, or otherwise make available on or through the Site and the Service.
19. Termination
19.1. Termination by the User. The User may terminate the relationship with the Us at any time, with or without cause, by providing a written notice to Us. Such notice shall be effective upon receipt by Us. Upon termination, the User shall be responsible for all fees, expenses, charges, costs, or any other amounts that may be incurred towards Us up to and including the effective date of termination, in accordance with the fees that may be payable by the Us to Us in accordance with these Terms, Privacy Policy, and the EULA. The User shall promptly pay all outstanding amounts due to Us. We may provide a final invoice or statement to the User reflecting such amounts within a reasonable period following termination.
19.2. Termination by Us. We reserve the right to terminate the relationship between Us and User, with or without cause, by providing written notice to the User. Such notice shall be effective upon receipt by the User. In the event of termination by Us, the User shall follow the same procedures and obligations as outlined in sub-clauses 19.1 of this Clause 19.
19.3. Post-Termination Obligations. Upon termination of the relationship, the parties (Us and the Our User) shall continue to be bound by any confidentiality obligations, non-disclosure agreements, and any other provisions of these Terms, including, but not limited to, indemnification, dispute resolution, and governing law provisions that, by their nature, should survive termination. The User/receiving Party shall promptly return or destroy, at the disclosing Party’s request, any and all Confidential Information, documents, and materials belonging to the disclosing Party. The User/receiving Party shall certify in writing that all such Confidential Information, documents, and materials have been returned or destroyed, as applicable. No Party shall make any disparaging or defamatory statements, whether oral or written, about the other Party or the terminated relationship, and each Party shall take all necessary steps to ensure that their Personnel comply with these Terms. Any outstanding payment obligations owed by the User to Us, shall survive termination of the relationship and shall be settled in accordance with the agreed-upon payment terms and conditions between the User and Us.
19.4. Remedies for Breach. In the event that any Party breaches any provision of these Terms, the non-breaching Party shall be entitled to seek any and all remedies available at law or in equity, including, but not limited to, injunctive relief, specific performance, and/or monetary damages. The Parties acknowledge and agree that a breach of these Terms may result in irreparable harm for which monetary damages may not be an adequate remedy, and that injunctive relief or specific performance may be necessary to protect the rights and interests of the non-breaching Party.
20. Modifications or Amendments
20.1. Scope of Modifications and Amendments. Modifications and amendments to these Terms may encompass, but are not limited to, changes to the terms and conditions, rights, and obligations of the Users and the Site and the Service, and alterations to the scope of services, dispute resolution procedures, and any other provisions deemed necessary and appropriate by Us.
20.2. Initiation of Modifications and Amendments. We reserve the right, at Our sole discretion, from time to time, to modify, amend, suspend, discontinue, or terminate any part or whole of the Site and the Service, or impose limits on any part or whole of the Site and the Service, or restrict access to parts or whole of the Site and the Service, temporarily or permanently, without notice or liability. You acknowledge and agree that We shall not be liable to You, any User, any Partner (that we may engage), or any third-party, person, or entity for any modification, amendment, suspension, discontinuation or termination of the Site and/or the Service. We reserve the right to initiate such modifications, amendments, suspensions, discontinuance, or termination of these Terms at Our sole discretion, in response to evolving business, legal, or regulatory requirements, technological advancements, or any other factors that may impact Our operations, Site, Service, or Users. Users may propose modifications or amendments to these Terms by submitting a written request to Us, which shall include a detailed description of the proposed changes, the reasons for the changes, and any supporting documentation or information. We shall review and consider such proposals in good faith, but are under no obligation to accept or implement any proposed changes.
20.3. Notice and Consent. In the event that We initiate a modification, amendment, suspension, discontinuance, or termination of these Terms, We shall not be obligated to provide Users with a written notice of the proposed changes. The modified, amended, suspended, discontinued, or terminated Terms may be posted through a written notice on the Site. The notice may include a summary of the changes, the effective date of the changes, and any other information deemed necessary or relevant by Us. Users shall be deemed to have accepted the proposed modifications, amendments, suspensions, discontinuance, or termination if They do not object to the changes in writing within a specified period, which shall not be less than thirty (30) days from the effective date of the changes, or if They continue to use the Site and the Service after the effective date of the changes without any such objection as mentioned above. If a User objects to the proposed modifications, amendments, suspensions, discontinuance, or termination in writing within the specified period, We and the User shall engage in good faith negotiations to address and resolve the User’s concerns. If the Parties are unable to reach a mutual consensus, any Party may exercise their rights under the dispute resolution provisions of these Terms or terminate these Terms in accordance with the applicable termination provisions under these Terms.
21. Documentation and Execution.
21.1. The modified, amended, suspended, discontinued, or terminated Terms or Terms with limitations or restrictions imposed upon them, shall be binding upon all the concerned parties and shall supersede any prior versions of the Terms, except as otherwise provided in these Terms.
21.2. You acknowledge and agree that, Your continued access and/or use of the Site and the Service, after such modifications, amendments, suspensions, discontinuance, or termination or imposition of limitations or restrictions has become effective immediately and incorporated in these Terms from the effective date of the changes, shall constitute or be deemed to constitute as Your binding acknowledgement, consent, agreement, and acceptance of such modifications, amendments, suspensions, discontinuance, or termination. We may, at Our discretion, require Users to electronically acknowledge, consent, agree, and accept the modified, amended, suspended, discontinued, or terminated Terms through the Site, as a condition of continued access and use of the Service.
22. Governing Law
22.1. These Terms shall be governed by and construed in accordance with the laws of Delaware, USA, without regard to its conflict of law provisions.
22.2. These Terms and any disputes, claims, or controversies arising out of or in connection with these Terms (including but not limited to the interpretation, performance, enforceability, or validity of these Terms) and access and use of the Site and/or the Service shall be governed by, construed, and enforced in accordance with the laws of Delaware, USA, without regard to its conflict of laws principles.
22.3. By accessing and/or using the Site or the Service, the User expressly agrees that any legal action, proceeding, or dispute arising out of or in connection with these Terms, the Site, or the Service shall be brought exclusively in the state or federal courts located in Delaware, USA. The User hereby expressly consents and submits, irrevocably and unconditionally, to the jurisdiction of state or federal courts located in Delaware, USA and any courts which may hear appeals from state or federal courts mentioned above, for the purpose of litigating any such action, proceeding, or dispute.
23. Dispute Resolution
23.1. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled firstly by good faith mutual negotiations to the best of both Parties’ efforts, followed secondly by virtual/remote mediation in case of failure of mutual negotiations to the best of both Parties’ efforts, and thirdly followed by virtual/remote arbitration in case of failure of mediation proceedings.
23.2. The rules, method, and procedure for the virtual/remote mediation and arbitration shall be mutually decided by the concerned Parties in writing.
23.3. The seat of the arbitration shall be Delaware, USA and the venue for arbitration shall be Delaware, USA wherein the proceedings shall be attended by the Parties virtually/remotely.
23.4. Class Action Waiver. Any proceedings to resolve any dispute shall be conducted solely on an individual basis. Neither the User nor We will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which any Party acts or proposes to act in a representative capacity. No proceeding may be combined with another without the express prior written consent of all Parties to the applicable proceedings.
23.5. No right to jury trial for arbitral claim. The User and We waive the right to a jury trial for any arbitral claim. If for any reason Clause 23 is held not to apply to an arbitral claim, whether such arbitral claim is against the User, Us, or Our indemnified parties, both the User and We still agree to waive trial by jury for that arbitral claim. By accessing and/or using the Site and/or the Service, the User expressly waives its right to a jury trial.
23.6. Exception. Notwithstanding the Parties’ decision to resolve all disputes through good faith mutual negotiations to the best of both Parties’ efforts, mediation, or arbitration, these Terms do not preclude claims by Us to enforce Our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud, or computer fraud, and/or industrial espionage. No Party is precluded from seeking relief in a Court located in Delaware, USA, for provisional remedies, including temporary restraining order, preliminary injunctions, and receiverships, pending arbitration agree to submit any disputes arising from or in relation to the access and use of the Site or the Service or any interpretation, violation, non-performance, termination or invalidity of these Terms.
24. No Waiver
24.1. No failure or delay by any Party in exercising any right, power, or remedy under these Terms, including any annexes, schedules, exhibits, and appendices thereto, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof, or the exercise of any other right, power, or remedy.
24.2. Any waiver by any Party for any provision of these Terms, or any breach or default of any provision of these Terms, must be in writing and signed by the Party granting the waiver. Such waiver shall be effective only in the specific instance and for the specific purpose for which it is given, and shall not be construed as a waiver of any subsequent breach or default of the same or any other provision of these Terms.
24.3. The rights and remedies provided under these Terms are cumulative and not exclusive of any rights or remedies provided by law or in equity.
25. Severability
25.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a Court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable.
25.2. If any such modification is not possible or permissible under Applicable Laws and Regulations, the Parties agree to negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that, to the greatest extent possible, achieves the original intent and purpose of the Parties as expressed in these Terms.
26. Entire Agreement
26.1. These Terms, together with any other documents or agreements incorporated by reference, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties relating to the same.
26.2. The Parties acknowledge and agree that, in entering into these Terms, They have not relied on any representations, warranties, or promises, whether express or implied, not specifically contained or referenced in these Terms.
27. Headings
27.1. The headings and subheadings used in these Terms are for convenience and ease of reference only and shall not be used to interpret, construe, or modify any provision of these Terms.
27.2. In the event of any conflict or inconsistency between the headings and subheadings and the text of these Terms, the text shall prevail, and the headings and subheadings shall be disregarded in the interpretation of these Terms.
28. Assignment
28.1. Restrictions on Assignment. The Users may not assign, transfer, sublicense, or otherwise delegate their rights or obligations under these Terms, including, but not limited to, their rights to access and use the Site and the Service, without Our express prior written consent. Any attempted assignment, transfer, sublicense, or delegation in violation of this Clause 28 shall be null and void and may result in the immediate termination of the User’s account and access and use of the Site and the Service.
28.2. Assignment by Us. We reserve the right to assign, transfer, sublicense, or otherwise delegate its rights and obligations under these Terms, including, but not limited to, its rights to operate and maintain the Site and the Service, to any of Our related Bodies Corporate, any of Our associate affiliates, or successor entity or to a third-party in connection with a merger, acquisition, sale of assets, or other corporate reorganization, without the express prior written consent of the Users. In the event of any such assignment, transfer, sublicense, or delegation by Us, the Users shall continue to be bound by these Terms, with respect to the assigned, transferred, sublicensed, or delegated rights and obligations.
28.3. Notice of Assignment. We may provide a written notice to the Users of any assignment, transfer, sublicense, or delegation of its rights and obligations under these Terms, including, but not limited to, posting a notice on the Site or sending an e-mail notification to the Users’ registered e-mail addresses.
29. CAN-SPAM Act Compliance, TCPA Compliance, ADA Compliance, and National Do Not Call Registry Compliance
29.1. We are dedicated to adhering to the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”) in all of Our commercial e-mail communications with the Users. We shall ensure that Our e-mail practices comply with the requirements of the CAN-SPAM Act by taking the following measures:
(a) Providing clear and conspicuous identification of the sender (Ours) in all commercial e-mails, including the use of a valid “From,” “To,” “Reply-To,” and routing information — including the originating domain name and e-mail address — and the inclusion of accurate and non-misleading subject lines that reflect the content of the e-mail;
(b) Disclose clearly and conspicuously that the commercial e-mail from Us is an advertisement;
(c) Including Our physical mailing address in all commercial e-mails to allow recipients to identify and contact Us;
(d) Offering a clear and conspicuous opt-out mechanism in each commercial e-mail, allowing recipients (Users) to unsubscribe from future e-mail communications;
(e) Honoring opt-out requests within the legally required timeframe, not exceeding ten (10) days from the date of receipt of the opt-out request, without: (i) charging a fee, (ii) requiring the recipient to give any personally identifying information beyond an e-mail address, or (iii) requiring the recipient take any step other than sending a reply e-mail or visiting a single page on the Site as a condition for honoring an opt-out request;
(f) Ensuring that We do not sell, lease, exchange, or otherwise transfer Users’ e-mail addresses to third parties for the purpose of initiating unsolicited commercial e-mails or after the opt-out request is made by the Users;
(g) Monitoring and supervising third-party service providers, affiliates, persons, and entities that may engage in e-mail marketing on Our behalf to ensure Our compliance with the CAN-SPAM Act.
29.2. We are committed to complying with the Telephone Consumer Protection Act of 1991 (“TCPA”) in their telemarketing and other communication practices. We shall adhere to the TCPA’s requirements by implementing the following measures:
(a) Obtaining express prior written consent from the Users before sending any telemarketing and other communications, including, but not limited to, autodialed or prerecorded telemarketing calls or text messages;
(b) Providing Users with clear and conspicuous disclosure of Our intent to engage in telemarketing communications, and any potential charges or fees associated with receiving such communications;
(c) Implementing procedures for maintaining an internal Do-Not-Call list of Ours and honoring Users’ requests to be added to this list;
(d) Training Personnel engaged in telemarketing activities on the TCPA’s requirements and Our compliance obligations;
(e) Monitoring and supervising third-party service providers and affiliates that engage in telemarketing activities on Our behalf to ensure their compliance with the TCPA.
29.3. We are committed to ensuring accessibility of its Site and Service to all Users, including those with disabilities, in compliance with the Americans with Disabilities Act (“ADA”) and any other Applicable Laws and Regulations. To achieve this goal, We shall:
(a) Adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, developed by the World Wide Web Consortium (W3C), as the standard for web content accessibility;
(b) Implement measures to support accessibility, such as keyboard navigation, alternative text for images, and captions for multimedia content;
(c) Provide training and resources to Our Personnel and third-party service providers, persons, and entities involved in the design, development, and maintenance of the Site and the Service to ensure understanding and implementation of accessibility best practices;
(d) Encourage User feedback and reporting of accessibility issues through [email protected] or (315) 669-3779, and is committed to promptly addressing and resolving reported issues;
(e) Regularly monitors and reviews Site’s and Service’s accessibility to ensure ongoing compliance with WCAG and ADA standards.
29.4. We respect the privacy of Our Users and acknowledge the importance of complying with the National Do Not Call Registry. In adherence to the rules and regulations governing the Registry, We shall take reasonable measures to ensure that We do not engage in unsolicited telemarketing, commercial, and/or advertising calls to Users who have registered their telephone numbers with the National Do Not Call Registry. To comply with the National Do Not Call Registry rules and regulations, We shall:
(a) Regularly check the National Do Not Call Registry and update its internal calling lists accordingly to exclude registered numbers;
(b) Train and inform Our Personnel involved in telemarketing, commercial, and advertising activities about the National Do Not Call Registry rules and Our obligations to comply with them;
(c) Establish and maintain internal procedures for honoring opt-out requests and managing complaints related to unsolicited calls;
(d) Refrain from using autodialed or prerecorded telemarketing calls to registered numbers unless We have obtained express prior written consent from the Users.
29.5. If the User believes that They have received an unsolicited telemarketing, commercial, and/or advertising e-mail, text message, and/or phone call from Us despite: (i) having opt-ed out of such communications under the CAN-SPAM Act provisions; and/or (ii) having opt-ed out of such communications under the TCPA provisions; and/or (iii) having registered their phone number with the National Do Not Call Registry, please notify Our Customer Support Team within a reasonable time at [email protected] or (315) 669-3779. We shall promptly investigate Your complaint and take appropriate action to resolve the issue in accordance with the Applicable Laws and Regulations.
29.6. If the User believes that the Site and the Service does not comply with the ADA provisions and any other Applicable Laws and Regulations, please notify Our Customer Support Team within a reasonable time at [email protected] or (315) 669-3779. We shall promptly investigate Your complaint and take appropriate action to resolve the issue in accordance with the Applicable Laws and Regulations.
30. Opt-In for Telemarketing, Commercial, Advertising Communications
30.1. By accessing and/or using the Site and the Service, You opt-in to receiving telemarketing, commercial, and advertising communications from Us via various channels, including, but not limited to, e-mails, text messages (through SMS, WhatsApp, Facebook, etc.), and phone calls, for which the User may be charged as per the User’s telephone carrier as and when wherever and however applicable. By accessing and/or using the Site and the Service, You are opting in and expressly providing Your express prior written consent to receive such communications from Us which may include the use of prerecorded or artificial voice messages and/or the use of an automatic telephone dialing system.
30.2. The communications You may receive from Us may include, but are not limited to:
(a) Updates and announcements about the Site and the Service, promotions, or events;
(b) Information and resources related to the Service You have requested through the Site;
(c) Notifications, reminders, and confirmations related to Your account, appointments, or transactions with Us;
(d) Customer service and support communications; and
(e) Any other information or materials that We may deem relevant, useful, or necessary for Our Users.
30.3. By opting in for these communications, You acknowledge and agree that We may collect, process, use, disclose, store, retain, and protect Your Personal Data and Information, including, but not limited to, Your name, e-mail address, phone number, and other contact information, to send You these communications. We shall handle Your Personal Data and Information in accordance with Our Privacy Policy.
30.4. We shall ask You to confirm or update Your marketing preferences if You instruct Us to provide further Service in the future, or if there are changes in the Applicable Laws and the Regulations, or the structure of Our business.
31. Opt-Out from Telemarketing, Commercial, Advertising Communications
31.1. In compliance with the CAN-SPAM Act, TCPA, National Do Not Call Registry, and Our internal Do-Not-Call list, You may opt-out of receiving any and all telemarketing, commercial, and advertising communications from Us at any time by following the opt-out or unsubscribe mechanism provided in the communications (such as the e-mails, text messages, or phone calls) or by contacting Our Customer Support Team at [email protected] or (315) 669-3779. Upon receiving Your opt-out request, We shall promptly process and remove Your details from Our internal registry within ten (10) days from the receipt of the opt-out request and stop sending e-mails, text messages, and phone calls to You in accordance with the Applicable Laws and Regulations. We shall not sell or transfer Your Personal Data and Information, used for communications, after the opt-out request has been processed by Us.
32. Contact Us
32.1. If You have any questions, concerns, or feedback regarding these Terms, Us, or Our Site or the Service, or if You need any assistance with using the Service on the Site or navigating the Site, please do not hesitate to contact Us at:
Email: [email protected]
Phone: (315) 669-3779
Address: 8 The Green, STE A, Dover, Delaware, 19901, United States
We value Your input and are committed to providing excellent customer service and support.
32.2. Please note that response times may vary depending on the method of communication and the nature of Your inquiry. We appreciate Your patience and understanding and will do Our best to address Your concerns promptly and efficiently.