TERMS AND CONDITIONS
Last
updated
April 17, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Lampros Mouselimis
, doing business as
Monopteryx
(
"Company," "we," "us," "our"
)
, a company registered in
Greece
at Rahouli 0
, Paramythia
,
Thesprotia
46200
.
Our VAT number is EL127583185.
We operate
the
website
https://www.monopteryx.com
(the "Site" ) ,
the mobile application
Monopteryx
(the "App" ) , as
well as
any other related products and services that refer or link to these legal terms (the "Legal Terms"
) (collectively, the "Services" ).
You can contact us by email
at [email protected]
or by mail to Rahouli
0
, Paramythia
, Thesprotia
46200
,
Greece
.
These Legal Terms constitute a legally binding
agreement
made between you, whether personally or on behalf of an entity (
"you" ), and Lampros Mouselimis , concerning your access to and use of
the
Services. You agree that by accessing the Services, you have read, understood, and agreed to be
bound by
all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any
scheduled
changes to the Services you are using. The modified Legal Terms will become effective upon
posting or
notifying you by __________ , as stated in the email
message. By
continuing to use the Services after the effective date of any changes, you agree to be bound by
the
modified terms.
We recommend that you
print a
copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or
use would be contrary to law or regulation or which would subject us to any registration
requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Services from
other locations do so on their own initiative and are solely responsible for compliance with
local laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all
intellectual
property rights in our Services, including all source code, databases, functionality, software,
website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content" ), as
well as
the trademarks, service marks, and logos contained therein (the
"Marks" ).
Our Content and Marks are protected by copyright
and
trademark laws (and various other intellectual property rights and unfair competition laws) and
treaties
in the United States and
around the world.
The Content and Marks are provided in or through
the
Services "AS IS"
for
your personal, non-commercial use or internal business
purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the " PROHIBITED ACTIVITIES
" section
below, we
grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere
in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address your
request
to: [email protected]
. If we
ever grant you the permission to post, reproduce, or publicly display any part of our Services
or
Content, you must identify us as the owners or licensors of the Services, Content, or Marks and
ensure
that any copyright or proprietary notice appears or is visible on posting, reproducing, or
displaying
our Content.
We reserve all rights not expressly granted to
you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will
constitute a material breach of our Legal Terms and your right to use our Services will
terminate
immediately.
Your submissions
Please review this section and the "
PROHIBITED ACTIVITIES
" section
carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you
have when
you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions" ), you agree to assign to us all
intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled
to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You are responsible for what you post or upload: By
sending us
Submissions through any part of the Services you:
- confirm that you have read and agree with our
"PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any and all
moral rights
to any such Submission
; - warrant that any such Submission
are original to you or that you have the necessary rights and licensesto submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and - warrant and represent that your Submissions
do not constitute confidential information.
You are solely
responsible for
your Submissions and you expressly agree to reimburse us for any
and all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual
property rights, or (c) applicable law.
By using the Services, you represent and warrant
that:
(1) all registration information you
submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to
comply
with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; ( 5) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any
illegal or
unauthorized
purpose; and (
7) your use of the Services will not violate
any
applicable law or regulation.
If you provide
any
information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend
or terminate your account and refuse any and all current or future use of the Services
(or any
portion thereof).
4. USER REGISTRATION
You may
be
required to register to use the Services. You agree to keep your password
confidential
and will be responsible for all use of your account and password. We reserve the
right
to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and
accurate
purchase and account information for all purchases made via the Services. You further agree to
promptly
update account and payment information, including email address, payment method, and payment
card
expiration date, so that we can complete your transactions and contact you as needed. Sales tax
will be
added to the price of purchases as deemed required by us. We may change prices at any time. All
payments
shall be in Euros .
You agree to pay all charges at the prices then
in
effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment
provider for
any such amounts upon placing your order. We reserve the right to correct any errors or mistakes
in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed
through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per person,
per
household, or per order. These restrictions may include orders placed by or under the same
customer
account, the same payment method, and/or orders that use the same billing or shipping address.
We
reserve the right to limit or prohibit orders that, in our sole
judgment , appear to be placed by dealers,
resellers, or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Cancellation
Fee Changes
7. PROHIBITED ACTIVITIES
You may not
access or use
the Services for any purpose other than that for which we make the Services available. The
Services
may not be used in connection with any commercial
endeavors except those that are specifically
endorsed or
approved by us.
As a
user of
the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
-
Engage
in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
-
Upload
or transmit (or attempt to upload or to transmit) any material
that acts
as a passive or active information collection or transmission
mechanism,
including without limitation, clear graphics interchange formats
(
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
-
Except
as may be the result of standard search engine or Internet
browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper,
or offline reader that accesses the Services, or use or launch
any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
-
Make
any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . -
Use
the Services as part of any effort to compete with us or
otherwise use
the Services and/or the Content for any revenue-generating
endeavor or commercial enterprise. -
Use the Services to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the
necessary
licenses , rights, consents, releases, and permissions to use and toauthorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are not obscene, lewd,
lascivious,
filthy, violent, harassing,
libelous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any
use of
the Services in violation of the foregoing violates these Legal Terms and
may result
in, among other things, termination or suspension of your rights to use the
Services.
9. CONTRIBUTION LICENSE
You and Services
agree that
we may access, store, process, and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices (including
settings).
By submitting
suggestions or
other feedback regarding the Services, you agree that we can use and share such feedback for any
purpose
without compensation to you.
We do not assert any
ownership
over your Contributions. You retain full ownership of all of your Contributions and any
intellectual
property rights or other proprietary rights associated with your Contributions. We are not
liable for
any statements or representations in your Contributions provided by you in any area on the
Services. You
are solely responsible for your Contributions to the Services and you expressly agree to
exonerate us
from any and all responsibility and to refrain from any legal action against us regarding your
Contributions.
10. MOBILE APPLICATION LICENSE
Use License
If you access the
Services via
the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to
install and
use the App on wireless electronic devices owned or controlled by you, and to access and use the
App on
such devices strictly in accordance with the terms and conditions of this mobile application
license
contained in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from the
App; (3)
violate any applicable laws, rules, or regulations in connection with your access or use of the
App; (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted
by us or the licensors of the App; (5) use the App for any revenue-generating endeavor ,
commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App
available over a
network or other environment permitting access or use by multiple devices or users at the same
time; (7)
use the App for creating a product, service, or software that is, directly or indirectly,
competitive
with or in any way a substitute for the App; (8) use the App to send automated queries to any
website or
to send any unsolicited commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture,
licensing, or
distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms
apply when
you use the App obtained from either the Apple Store or Google Play (each an "App Distributor"
) to
access the Services: (1) the license granted to you for our App is limited to a
non-transferable license
to use the application on a device that utilizes the Apple iOS or Android operating systems, as
applicable,
and in accordance with the usage rules set forth in the applicable App Distributor’s terms of
service;
(2) we are responsible for providing any maintenance and support services with respect to the
App as
specified in the terms and conditions of this mobile application
license contained in these Legal Terms or as
otherwise
required under applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the App; (3) in the
event of
any failure of the App to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and policies, may refund the
purchase
price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you
represent
and warrant that (i) you are not located in a country that is subject to a US government
embargo, or
that has been designated by the US government as a "terrorist
supporting" country and (ii) you are not listed on
any US
government list of prohibited or restricted parties; (5) you must comply with applicable
third-party
terms of agreement when using the App, e.g. , if you have a VoIP application, then you must not
be in
violation of their wireless data service agreement when using the App; and (6) you acknowledge
and agree
that the App Distributors are third-party beneficiaries of the terms and conditions in this
mobile
application license
contained in these Legal Terms, and that each App Distributor will have the right (and will be
deemed to
have accepted the right) to enforce the terms and conditions in this mobile application license
contained in
these Legal Terms against you as a third-party beneficiary thereof.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain
(or you
may be sent via the Site or App
) links
to other websites ( "Third-Party Websites" ) as well as articles, photographs, text, graphics,
pictures,
designs, music, sound, video, information, applications, software, and other content or items
belonging to
or originating from third parties ( "Third-Party Content" ). Such Third-Party
Websites and Third-Party Content are not investigated,
monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or
installed from
the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or
other policies of or contained in the Third-Party
Websites or the
Third-Party Content. Inclusion of, linking to, or
permitting the
use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or
endorsement thereof
by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you
should be
aware these Legal Terms no longer govern. You should review the applicable terms and policies,
including
privacy and data gathering practices, of any website to which you navigate from the Services or
relating to
any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and
from other
companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the
products or
services offered on Third-Party Websites and you shall
hold us
blameless from any harm caused by your purchase of such products or services. Additionally, you
shall hold
us blameless from any losses sustained by you or harm caused to you relating to or resulting in any
way from
any Third-Party Content or any contact with Third-Party Websites.
12. SERVICES MANAGEMENT
We reserve
the
right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2)
take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal
Terms,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion
and
without limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in
a manner designed to protect our rights and property and to facilitate the proper functioning of the
Services.
13. PRIVACY POLICY
We care about data privacy
and
security. Please review our Privacy Policy:
https://www.monopteryx.com/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in
Greece
. If you access the Services from any other region of the world
with laws
or other requirements governing personal data collection, use, or disclosure that differ from
applicable
laws in
Greece
, then through your continued use of the Services, you are
transferring
your data to
Greece
, and you expressly consent to have your data transferred to and
processed in
Greece
.
14. TERM AND TERMINATION
These Legal Terms shall
remain in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN
THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend
your
account for any reason, you are prohibited from registering and creating a new account under your
name, a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third
party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to
change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without
notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services
will be available at all times. We may experience hardware, software, or other problems or need to
perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the
right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for
any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the
Services
or to supply any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These Legal Terms are
governed by
and interpreted following the laws of
Greece
, and the use of the United Nations Convention of Contracts for the International Sales of
Goods is
expressly excluded. If your habitual residence is in the EU, and you are a consumer, you
additionally
possess the protection provided to you by obligatory provisions of the law in your country to
residence.
Lampros Mouselimis and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of __________ ,
which means
that you may make a claim to defend your consumer protection rights in regards to these Legal Terms
in
Greece
, or in the EU country in which you reside.
17. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim
related to these Legal Terms (each a "Dispute" and collectively,
the
"Disputes" ) brought by either you or us (individually,
a "Party" and collectively, the "Parties" ), the Parties agree to first attempt to negotiate any
Dispute
(except those Disputes expressly provided below) informally for at least
thirty (30)
days before initiating arbitration. Such informal negotiations commence upon written notice
from one
Party to the other Party.
Binding Arbitration
Any dispute
arising
from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator
who will
be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration
being part
of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time
the
application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The
seat of
arbitration shall be
Athens ,
Greece
. The language of the proceedings shall be
English . Applicable rules of substantive law shall be the law of
Greece
.
Restrictions
The Parties
agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right
or
authority for any Dispute to be brought in a purported representative capacity on behalf of the general
public
or any other persons.
Exceptions to Informal Negotiations and Arbitration
18. CORRECTIONS
There may
be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors,
inaccuracies, or omissions and to change or update the information on the Services at any time, without
prior
notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND
WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO
AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT
WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES
BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH PERIOD
PRIOR TO ANY
CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
21. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties
set forth
in these Legal Terms; (4) your violation of the
rights of a
third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the
Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right,
at your
expense, to assume the exclusive defense and control of any matter for which you are
required to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable
efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification
upon
becoming aware of it.
22. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing
online forms constitute electronic communications. You consent to receive electronic communications,
and you
agree that all agreements, notices, disclosures, and other communications we provide to you
electronically,
via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating
rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms
shall not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible
by law. We may assign any or all of our rights and obligations to others at any time. We shall not
be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from
these
Legal Terms and does not affect the validity and enforceability of any remaining provisions. There
is no
joint venture, partnership, employment or agency relationship created between you and us as a result
of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed
against us
by virtue of having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these
Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26. CONTACT US
In order to resolve a complaint regarding the
Services
or to receive further information regarding use of the Services, please contact us at:
This Privacy Policy was
created using Termly's Privacy Policy Generator.