Terms and Conditions
Last updated on February 1, 2023
Acceptance of conditions
These Terms and Conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Exom Inc. (“Company”, “we”, “us” or “our”), concerning your access to and use of the https://exom.ca and https://exostack.cloud website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Canada and have our head office at 554 Route 275, Saint-Zacharie, Quebec G0M 2C0. Our VAT number is 1228801590. You agree that by accessing the Site, you have read, understand and agree to be bound by all of these terms and conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USING IT IMMEDIATELY.
The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement in that jurisdiction or country. Accordingly, those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not designed to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you may not use this Site. You may not use the Site in a manner that omits a violation of the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register on the Site.
Intellectual property rights
Unless otherwise noted, the Site is our exclusive property and all source code, databases, functionality, software, web designs, audio, video, text, photographs and graphics on the Site (the “Content”) and the trademarks , the service marks and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by United States copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as provided in these Terms and Conditions, no part of the Site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our prior written permission.
Provided that you are authorized to use the Site, you are granted a limited license to access and use the Site and to download or print one copy of any portion of the content properly accessed solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have legal capacity and agree to abide by these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site by automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may need to register on the site. You agree to keep your password confidential and shall be responsible for all uses of your account and password. We reserve the right to delete, retrieve, or modify a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Fees and payment
We accept the following payment methods:
- American Express
You may need to purchase or pay a fee to access some of our services. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we may complete your transactions and contact you if necessary. We bill you via an online billing account for purchases made through the Site. Sales tax will be added to the price of purchases as we deem necessary. We can change prices at any time. All payments must be in Canadian dollars.
You agree to pay any fees or charges at the then-current prices for your purchases, and you authorize us to bill your chosen payment provider for such amounts upon your purchase. If your purchase is subject to a recurring charge, you agree that we may charge your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or pricing mistakes, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
We offer a 14-day free trial to new users who register on the Site. The account will not be charged and the subscription will be suspended until you upgrade to a paid version at the end of the free trial.
You may cancel your subscription at any time by logging into your account or by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid period.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial activities, except those specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
- Deceive, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Bypass, disable or interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Site and/or the Content contained therein.
- Denigrate, tarnish or otherwise harm us and/or the Site.
- Use any information obtained from the Site to harass, abuse or harm another person.
- Misuse our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner that does not comply with applicable laws or regulations.
- Engage in framing or creating unauthorized links to the Site.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other items, including excessive use of capitalization and spam (continuous posting of repetitive text), that interfere with the uninterrupted use and enjoyment of any portion of the Site or modify, alter, disrupt or interfere with the use, features, functions, operation or maintenance of the Site.
- Engage in any automated use of the system, such as the use of scripts to send comments or messages, or the use of any data mining, robots or similar data gathering and extraction tools.
- Remove the copyright or other proprietary rights notice from any content.
- Attempt to impersonate another user or person or use another user’s username.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmitting mechanism, including, but not limited to, clear graphics interchange formats (“gifs”), 1 × 1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)
- Interfere with, disrupt or create excessive load on the Site or networks or services connected to the Site.
- Harass, annoy, intimidate or threaten any of our employees or agents engaged to provide you with any portion of the Site.
- Attempt to circumvent any measure of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Except to the extent permitted by applicable law, decipher, decompile, disassemble or reverse engineer any software comprising or consisting in any way of a part of the Site.
- Except to the extent that it may result from the standard use of a search engine or Internet browser, use, launch, develop or distribute any automated system, including, without limitation, any “spider”, robot, cheat utility, “scraper” or offline player that accesses the Site, or use or launch any script or other unauthorized software.
- Use a purchasing agent or a purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting user names and/or email addresses by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site in any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating or commercial enterprise.
- Use the site to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
The Site may invite you to discuss, contribute to, or participate in blogs, bulletin boards, online forums, and other features, and may offer you the opportunity to create, submit, publish, post, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including, but not limited to, text, writing, video, audio, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, “Contributions”). The Contributions may be visible to other users of the Site and through third party websites. As such, any contributions you make may be treated as non-confidential and non-proprietary. When you create or make available Contributions, you represent and warrant that: The creation, distribution, transmission, public display or performance, and access, downloading or copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to 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 and permissions to use and authorize us, the Site and other users of the Site, to use your Contributions in the manner contemplated by the Site and these Terms and Conditions.
- You have the written consent, authorization and/or permission of each person identifiable in your Contributions to use the name or likeness of each such identifiable person to enable inclusion and use of your Contributions in the manner contemplated by the Site and these Terms and Conditions.
- 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, lascivious, filthy, violent, harassing, defamatory, libelous or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, denigrate, 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 persons.
- 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 laws regarding child pornography, or otherwise intended to protect the health or welfare of minors.
- Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference or physical disability.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
By posting your Contributions on any part of the Site or by making Contributions available to the Site by linking your account on the Site to one of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, extract (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 to grant and authorize sublicenses of the foregoing. Use and distribution can occur in all media formats and through all media channels.
This license will apply to any form of media or technology known or later developed, and includes our use of your name, company name and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not been otherwise asserted in your Contributions.
We have the right, in our sole and absolute discretion, to (1) edit, delete or otherwise modify any Submission; (2) reclassify Submissions to more appropriate locations on the Site; and (3) pre-screen or delete any Submission at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
As part of the functionality of the Site, you may link your account to online accounts you have with third party service providers (each such account, a “Third Party Account”) by: (1) providing your party account login information via the Site; or (2) allowing us access to your Third Party Account, as permitted by the applicable terms and conditions governing your use of each Third Party Account. You represent and warrant that you have the right to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account, without violating any of the terms and conditions governing your use of Third Party Accounts, and without subjecting us to any fees or limitations on use imposed by the Third Party Account’s third party service provider. By granting us access to any Third Party Account, you understand that (1) we may access, make available and store (if applicable) any content you have provided and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including, without limitation, any friends list and (2) we may submit and receive additional information from your Third Party Account to the extent you are notified when you link your account to the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings you have set in those Third Party Accounts, personally identifiable information you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or if our access to that Third Party Account is terminated by the third party service provider, the social network content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH THOSE THIRD PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including, but not limited to, accuracy, legality or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your address book associated with a Third Party Account and your contact list stored on your mobile device or tablet solely for the purpose of identifying and notifying you of contacts who have also signed up to use the Site. You may disable the connection between the Site and your Third Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete all information stored on our servers that was obtained through that Third Party Account, with the exception of the username and profile picture that is associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site (“Submissions”) that you provide to us are not confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and will have the right to unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights in such Submissions, and you hereby warrant that such Submissions are original to you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
Third-party websites and content
The Site may contain (or you may be sent via the Site) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software and other content or materials owned or originating from third parties (“Third Party Content”). These Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness, and we are not responsible for the Third Party Websites accessible through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or Third Party Content. The inclusion of, link to, or permission to use or install third-party websites or any third-party Content does not imply our endorsement. If you decide to leave the Site and access the Third Party Websites or use or install any Third Party Content, you do so at your own risk and you should be aware that these terms and conditions no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website you navigate to from the Site or relating to any application you use or install from the Site. Any purchases you make through Third Party Websites will be made through other websites and with other companies, and we assume no responsibility for those purchases, which are solely between you and the relevant third party. You agree and acknowledge that we do not endorse the products or services offered on the Third Party Websites and you will hold us harmless for any harm caused by your purchase of such products or services. In addition, you shall hold us harmless for any loss or damage suffered by you in connection with or resulting in any way from any Third Party Content or contact with Third Party Websites.
U.S. Government Fees
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are procured by or on behalf of a non-Department of Defense (“DOD”) agency, our services are subject to the terms of these terms and conditions in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are procured by or on behalf of an agency within the Department of Defense, our services are subject to the terms of these terms and conditions in accordance with Federal Defense Acquisition Regulations (DFARS) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by DOD. This U.S. Government Rights clause supersedes any other FAR, DFARS, or other clause or provision that addresses the government’s rights in computer software or technical data under these terms and conditions.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms and Conditions, 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; (4) in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable any files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise operate the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site
We respect the intellectual property rights of others. If you believe that any content available on or through the Site infringes any copyright you own or control, please notify us immediately 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 note that under applicable law, you may be liable for damages if you make material misrepresentations in a Notification. Thus, if you are unsure whether material located on or linked to by the Site infringes your copyright, you should first consider contacting an attorney.
Duration and termination
These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, 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 false or assumed name, or the name of a third party, even if you are 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, but not limited to, civil, criminal, and injunctive action.
Modifications and interruptions
We reserve the right to change, modify, or remove content from the Site at any time or for any reason at our sole discretion and without notice. However, we have no obligation to update the information on our site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.
We cannot guarantee that the Site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time or for any reason without notice. You agree that we have no liability for any loss, damage or inconvenience caused by your inability to access or use the Site during any interruption or discontinuance of the Site. Nothing in these Terms and Conditions shall be construed as obligating us to maintain and support the Site or to provide any corrections, updates or releases in connection therewith.
These terms and conditions are governed by and defined in accordance with the laws of Canada. Exom Inc. and you irrevocably consent to the exclusive jurisdiction of the courts of Canada to resolve any dispute that may arise in connection with these Terms.
Binding arbitration and class action waiver
We hope never to have a dispute, but if one does occur, you and EXOM INC agree to an informal attempt to resolve the issues for 60 days. If we cannot, you and EXOM INC agree to individual binding arbitration under the current laws and rules associated with commercial arbitration in (i) the province or jurisdiction in which you reside (if you reside in Canada), or (ii) Toronto, Ontario (if you reside outside of Canada), and are not suing. Instead, a neutral arbitrator will make the determination and the decision will be final under the applicable laws and rules governing such commercial arbitration. EXOM INC. and you agree to refer any dispute to arbitration on an individual basis only. Class actions, class arbitrations, general actions brought by private counsel, and any other proceeding in which someone acts in a representative capacity are not permitted. The same applies to the consolidation of individual proceedings without the consent of all parties. “We”, “us” and “our” include EXOM INC. and its affiliates.
- Litigation covered – all disputes except IP.
The term “litigation” is as broad as possible. It includes any claim or controversy between you and EXOM INC. regarding the Software, its price, or this Agreement, under any legal theory, including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, or our intellectual property rights.
- Send a Notice of Dispute first.
If you have a dispute and our customer service representatives cannot resolve it, mail a letter notifying us of a dispute to EXOM INC. To the attention of : Legal Department, 554 Rte 275, Saint-Zacharie, G0M 2C0, Qc, Canada. Tell us your name, address, how to contact you, the problem and what you want. We will do the same if we have a dispute with you. After 60 days, EXOM INC. or you may initiate arbitration if the dispute is not resolved.
- Small Claims Court Option.
Instead of sending us a notice of dispute, and if you meet the requirements of a small claims court, located in Canada, you may sue us in a small claims court in (i) your county of residence (or for a business, your principal place of business), or (ii) our principal place of business in Toronto, Ontario, Canada. We hope that you will mail us your notice of dispute and give us 60 days to try to resolve it, but you will not have to do so before going to Small Claims Court.
- Arbitration procedure.
All hearings shall be conducted by telephone unless the arbitrator finds good cause to hold a hearing in person. However, all in-person hearings can only be held in Vancouver, British Columbia, Canada, or Toronto, Ontario, Canada.
- Arbitration fees and payments.
If you initiate an arbitration, we will not seek reimbursement of your fees and expenses unless the arbitrator finds the arbitration to be frivolous or brought for an improper purpose. If we initiate an arbitration, we will pay all fees and expenses associated with the filing to the arbitrator. For any arbitration we initiate, we will not seek reimbursement from you for our attorney’s fees or expenses.
- Deposit required within one year.
We must both file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from the time it could be first filed. Otherwise, he or she is permanently prescribed.
If the class action waiver is found to be unlawful or unenforceable as to all or parts of a dispute, those parts will not be arbitrated, but will be litigated and then tried in accordance with the arbitration procedure. If any other provision of Section 13 is found to be illegal or unenforceable, that provision shall be deleted, but the remainder of Section 13 shall remain in effect.
- Conflict with arbitration rules.
This contract shall be governed by and construed in accordance with provincial or local arbitration rules.
There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time without notice.
Disclaimer of liability
THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF IT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE AND WE ASSUME NO LIABILITY FOR ANY (1) ERRORS OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREON (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR VIA THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE ARE NOT IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PRODUCT OR SERVICE PROVIDER. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND CAUTION WHERE APPROPRIATE.
Limits 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 PROFITS, LOST REVENUE, LOST DATA, OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ACCRUING. SOME U.S. STATE 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 EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from 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 Site; (3) violation of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of any third party’s rights, including, but not limited to, intellectual property rights; or (6) any act of harm manifested to any other user of the Site with whom you have connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, in our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding that is the subject of this indemnification as soon as we become aware of it.
We will retain certain data that you submit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we routinely perform routine data backups, you are solely responsible for any data you transmit or that relates to any activity you undertake while using the Site. You agree that we will have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from such loss or corruption of such data.
Electronic communications, transactions and signatures
Visiting the Site, sending e-mails to us and filling out online forms are electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by e-mail and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or requirement under any statute, regulation, rule, order or other law in any jurisdiction that requires an original signature or the delivery or retention of non-electronic documents, or payments or the extension of credit by any means other than electronic means.
Users and residents of California
If a complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the California Department of Consumer Services Division in writing at 1625 North Market Blvd. Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms and Conditions and any policies or operating rules posted by us on or regarding the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permitted by law. We may assign all or part of our rights and obligations to third parties at any time. We will not be liable for any loss, damage, delay or failure to act caused by any reasonable cause beyond our control. If any provision or part of a provision of these terms and conditions shall be deemed unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions shall not be construed against us for having been written. You hereby waive any and all defenses you may have based on the electronic form of these terms and conditions and the lack of a signature by the parties hereto to enforce these terms and conditions.