Terms and conditions
Last updated: October 1, 2023
Acceptance of Our Legal Terms
We are Digital Talents LLC (" Company ," " we ," " us ," " our "), a company registered in Delaware , United States
We operate the website https://storingapps.com (the " Site "), the mobile application (the " App "), and all associated products and services that mention or connect to these legal terms (the " Legal Terms ") (collectively, the " Services ").
You may reach us via phone at 1 (833) 982-3641 , contact us at https://storingapps.com/contact
These Legal Terms form a legally binding agreement between you, whether individually or representing an entity (" you "), and Digital Talents LLC , regarding your usage and access of the Services. By accessing these Services, you confirm that you've comprehended, acknowledged, and consented to abide by these Legal Terms. FAILURE TO AGREE TO ALL THESE LEGAL TERMS IMPLIES THAT YOU ARE SPECIFICALLY PROHIBITED FROM UTILIZING THE SERVICES AND YOU MUST CEASE USE IMMEDIATELY.
Additional terms and conditions or documents posted on the Services periodically are explicitly included herein by reference. We retain the sole discretion to modify or alter these Legal Terms occasionally. Any changes will be notified by updating the "Last updated" date of these Legal Terms, and you waive the right to receive individual notice for each modification. It's your responsibility to regularly review these Legal Terms to remain informed about updates. Your continued use of the Services following the posting of revised Legal Terms signifies your acceptance of and acknowledgment of being informed about the changes.
The Services cater to users aged 18 or above. Individuals below the age of 18 are prohibited from using or registering for the Services.
We suggest printing a copy of these Legal Terms for your reference.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
10. USER GENERATED CONTRIBUTIONS
13. MOBILE APPLICATION LICENSE
14. THIRD-PARTY WEBSITES AND CONTENT
18. MODIFICATIONS AND INTERRUPTIONS
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
The information offered through the Services isn't meant for distribution to individuals or entities in jurisdictions where such distribution or usage would contradict law or regulations, or impose registration obligations on us. Hence, individuals accessing the Services from other locations do so at their own discretion and bear sole responsibility for adhering to relevant local laws, if applicable.
The Services aren't customized to adhere to industry-specific regulations like the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc. If your interactions fall under these laws, you're advised against using the Services. Moreover, the Services must not be utilized in a manner that breaches the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We own or hold the licenses for all intellectual property rights within our Services, encompassing source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the "Content"). This also includes trademarks, service marks, and logos (referred to as the "Marks").
Our Content and Marks are safeguarded by copyright and trademark laws, alongside various other intellectual property rights and laws concerning unfair competition, both domestically within the United States and internationally through treaties.
The Content and Marks provided via the Services are offered "AS IS" for your personal, non-commercial utilization exclusively.
Your use of our Services
Provided you adhere to these Legal Terms, including the " PROHIBITED ACTIVITIES " We provide you with a non-exclusive, non-transferable, and revocable license to:
- access the Services; and
- download or print any segment of the Content to which you have rightfully obtained access.
strictly for your personal, non-commercial purposes.
Apart from the permissions outlined in this section or elsewhere within our Legal Terms, no portion of the Services, Content, or Marks may be replicated, aggregated, published, uploaded, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise utilized for any commercial purpose without our explicit prior written consent.
If you intend to utilize the Services, Content, or Marks beyond what is stated in this section or elsewhere within our Legal Terms, kindly reach out to us at: storingapps.com/contact . Should we grant you permission to post, reproduce, or publicly display any segment of our Services or Content, it is imperative to acknowledge us as the owners or licensors of the Services, Content, or Marks. Additionally, you must ensure that any copyright or proprietary notice is included or remains visible while posting, reproducing, or displaying our Content.
We retain all rights not explicitly granted to you in relation to the Services, Content, and Marks.
A violation of these Intellectual Property Rights will be considered a significant breach of our Legal Terms, resulting in the immediate termination of your right to use our Services.
Your submissions
Please review this section and the " PROHIBITED ACTIVITIES " Carefully review this section before using our Services to comprehend (a) the rights you grant us and (b) the obligations you assume when posting or uploading any content through the Services.
Submissions: When you send us any inquiry, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you consent to transferring all intellectual property rights in such Submissions to us. This means we will own the Submission and have the right to utilize and distribute it freely for any lawful purpose, whether commercial or otherwise, without acknowledging or compensating you.
You are accountable for your posted or uploaded content: By submitting Submissions through any part of the Services, you:
- validate that you've read and agree with our " PROHIBITED ACTIVITIES " and will refrain from posting, sending, publishing, uploading, or transmitting 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 maximum extent allowable by applicable law, forfeit any and all moral rights associated with such Submission;
- guarantee that any such Submission is original to you or that you possess the essential rights and licenses to submit such Submissions. You affirm that you have complete authorization to grant us the aforementioned rights concerning your Submissions; and
- You warrant and declare that your Submissions are not considered confidential information.
You hold complete responsibility for your Submissions and explicitly commit to compensating us for any losses incurred due to your violation of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1)you commit that all registration information you provide will be truthful, precise, up-to-date, and complete; (2) you will uphold the accuracy of this information and promptly make any necessary updates. (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 agree not to access the Services using automated or non-human methods, including bots, scripts, or any similar means; (6) you will refrain from using the Services for illegal or unauthorized purposes; and (7) your utilization of the Services will comply with all applicable laws and regulations.
Should you furnish any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and decline any present or future usage of the Services (or any part thereof).
4. USER REGISTRATION
Registration might be necessary for Service usage. You commit to maintaining the confidentiality of your password and will be accountable for all activities associated with your account and password. We retain the right to revoke, reclaim, or modify a username you choose if we deem, at our sole discretion, that such a username is inappropriate, obscene, or objectionable in any manner.
5. PURCHASES AND PAYMENT
We acknowledge the following payment methods:
- Visa
- Mastercard
- American Express
- Discover
You commit to furnishing current, comprehensive, and precise purchase and account details for all transactions conducted through the Services. Additionally, you agree to swiftly update account and payment information, such as email address, payment method, and payment card expiration date, enabling us to finalize your transactions and reach out to you when necessary. Sales tax will be appended to the purchase price as mandated by us. Prices are subject to change at any time. All payments must be made in US dollars.
You consent to paying all fees at the prevailing prices for your purchases along with any relevant shipping costs. You authorize us to debit your selected payment method for these amounts upon placing your order. If your order incurs recurring charges, you agree to recurrently charge your payment method without seeking your explicit approval for each recurring charge, until you cancel the specific order. We retain the right to rectify any errors or inaccuracies in pricing, even after payment has been requested or received.
We retain the authority to decline any orders made through the Services. At our discretion, we may limit or annul quantities purchased per person, household, or order. These limitations may involve orders placed under the same customer account, using the same payment method, or with identical billing or shipping details. Additionally, we reserve the right to restrict or disallow orders that, in our sole assessment, seem to be placed by dealers, resellers, or distributors.
6. FREE TRIAL
We provide varying lengths of free trials to new users upon registration with the Services. At the conclusion of the free trial period, the account will be charged according to the user's selected subscription.
7. CANCELLATION
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our Services, please contact us at https://storingapps.com/contact or call us at 1 (111) 111-1111 .
8. SOFTWARE
If we provide software for use in conjunction with our Services, the terms of an accompanying end user license agreement ("EULA") will govern your software use. In the absence of a EULA, we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in line with these Legal Terms. Any software and accompanying documentation are provided "AS IS" without any warranty, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume all risks associated with the use or performance of any software. Reproduction or redistribution of any software is prohibited except as permitted by the EULA or these Legal Terms.
9. PROHIBITED ACTIVITIES
You are prohibited from accessing or using the Services for any purpose other than the intended use for which we have made them available. The Services cannot be utilized for commercial endeavors unless expressly endorsed or approved by us.
As a user of the Services, you agree not to:
- Without our written permission, you are not allowed to systematically gather data or any content from the Services to create, compile, or construct a collection, compilation, database, or directory, either directly or indirectly.
- Deceiving, defrauding, or misleading us and other users, particularly in any endeavor to obtain sensitive account information like user passwords, is strictly prohibited.
- Avoid bypassing, disabling, or interfering with the security-related functionalities of the Services, which includes features designed to prevent or limit the use or replication of any Content, or uphold restrictions on the utilization of the Services and/or the Content within.
- Speak or act in a way that, in our judgment, disparages, tarnishes, or harms us and/or the Services.
- Utilize any information acquired from the Services with the intent to harass, abuse, or harm another individual.
- Misuse our support services or submit fabricated 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.
10. USER GENERATED CONTRIBUTIONS
The Services do not facilitate users in submitting or posting content. However, we may offer you the opportunity to generate, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. These may include, but are not limited to, text, writings, videos, audios, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as "Contributions"). Contributions might be visible to other Services users and on third-party websites. Consequently, any Contributions you send may be handled in line with the Services' Privacy Policy. When you create or provide any Contributions, you thereby affirm and guarantee that:
- TThe development, distribution, transmission, public display, or performance, as well as the access, download, or replication of your Contributions, neither do nor will violate the proprietary rights, encompassing, but not confined 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, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You possess written consent, release, and/or permission from every identifiable individual person featured in your Contributions. This permission allows the use of the name or likeness of each such identifiable individual person for inclusion and utilization of your Contributions as envisioned 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 do not include content that is deemed obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as assessed 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.
Engaging with the Services in a manner that contradicts the aforementioned terms constitutes a breach of these Legal Terms and may lead to the termination or suspension of your rights to use the Services, among other consequences.
11. 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 claim ownership of your Contributions. You maintain complete ownership of all your Contributions and any associated intellectual property rights or other proprietary rights. We are not responsible for any statements or representations within your Contributions posted by you on the Services. You bear sole responsibility for your Contributions on the Services and explicitly agree to release us from any and all liability, refraining from taking any legal action against us concerning your Contributions.
12. GUIDELINES FOR REVIEWS
We offer areas on the Services for leaving reviews or ratings. When posting a review, you must adhere to the following criteria:
(1) You should have firsthand experience with the individual/entity being reviewed.
(2) Your reviews must avoid offensive profanity or abusive, racist, offensive, or hateful language.
(3) Reviews should steer clear of discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
(4) Reviews should not include references to illegal activity.
(5) If posting negative reviews, you should not be affiliated with competitors.
(6) Avoid making conclusive statements regarding the legality of conduct.
(7) Refrain from posting any false or misleading statements.
(8) You may not initiate a campaign encouraging others to post reviews, whether positive or negative.
We reserve the right to accept, reject, or remove reviews at our discretion. We are not obliged to screen or delete reviews, even if someone finds them objectionable or inaccurate. Reviews are not endorsed by us and may not represent our opinions or the perspectives of any affiliates or partners. We do not hold liability for any review or for any claims, liabilities, or losses arising from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.
13. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to store and use the App on wireless electronic devices owned or controlled by you. You may access and use the App on these devices strictly following the terms and conditions outlined in this mobile application license within these Legal Terms. Here are the restrictions:
Avoid decompiling, reverse engineering, disassembling, attempting to derive the source code, or decrypting the App, except as permitted by applicable law.
Do not make any modifications, adaptations, improvements, enhancements, translations, or derivative works from the App.
Ensure compliance with all applicable laws, rules, or regulations when accessing or using the App.
Do not remove, alter, or obscure any proprietary notices (including copyright or trademark notices) posted by us or the licensors of the App.
Avoid using the App for revenue generation, commercial enterprises, or purposes not designed or intended for the App.
Do not make the App available over a network allowing access or use by multiple devices or users simultaneously.
Do not use the App to create a product, service, or software that directly or indirectly competes with or substitutes the App.
Refrain from using the App to send automated queries to any website or send unsolicited commercial emails.
Avoid using any proprietary information, interfaces, or our intellectual property in designing, developing, manufacturing, licensing, or distributing any applications, accessories, or devices for use with the App.
Apple and Android Devices
When using the App obtained from the Apple Store or Google Play (each an "App Distributor") to access the Services, the following terms apply:
The license granted for our App is non-transferable and limited to use on a device using the Apple iOS or Android operating systems, following the usage rules in the relevant App Distributor’s terms of service.
We're responsible for providing maintenance and support services for the App as outlined in this mobile application license in these Legal Terms or as required by applicable law. App Distributors aren't obliged to provide any maintenance or support services for the App.
In case the App doesn't adhere to applicable warranties, you can notify the relevant App Distributor. The distributor might, according to its terms and policies, refund the purchase price (if any), with no further warranty obligations concerning the App, as permitted by law.
You confirm that you aren't situated in a country under a US government embargo or designated by the US government as a "terrorist supporting" nation, and you're not listed on any US government list of prohibited or restricted parties.
Compliance with third-party terms of agreement is required when using the App. For instance, if you use a VoIP application, ensure compliance with the wireless data service agreement.
App Distributors are considered third-party beneficiaries of the terms and conditions in this mobile application license within these Legal Terms. Each App Distributor has the right (and is deemed to have accepted the right) to enforce these terms and conditions against you as a third-party beneficiary.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to Third-Party Websites or display Third-Party Content such as articles, images, music, and more originating from third parties. These Third-Party Websites and Content are not investigated or monitored by us for accuracy or appropriateness. We do not endorse or approve Third-Party Websites or Content by including links or allowing access to them. Accessing Third-Party Websites or using their Content is at your own risk, as these Legal Terms no longer apply.
Review the terms, policies, and privacy practices of any website or application you visit or use through the Services. Any purchases made on Third-Party Websites are solely between you and the third party, and we bear no responsibility for such transactions. We do not endorse the products/services on these Third-Party Websites and are not liable for any harm resulting from your purchases. Additionally, we are not liable for any losses or harm caused by Third-Party Content or interactions with Third-Party Websites.
15. SERVICES MANAGEMENT
We have the right, though not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take legal action against anyone who, at our sole discretion, violates these terms or the law, including reporting such users to law enforcement; (3) restrict, limit access to, or disable any of your Contributions, at our sole discretion and without limitation; (4) remove or disable excessive or burdensome files and content from the Services, at our discretion and without notice or liability; and (5) manage the Services to safeguard our rights and property and ensure their proper functioning.
16. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: /privacy By using the Services, you consent to adhere to our Privacy Policy, which is part of these Legal Terms. Note that the Services are hosted in the United States and Netherlands. If you access the Services from a region with different laws on personal data collection, use, or disclosure, you acknowledge that your data will be transferred to and processed in the United States and Netherlands, and you expressly consent to this transfer by continuing to use the Services.
17. TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services. Without limiting other provisions, we reserve the right to deny access or use of the Services to any person at our discretion, including blocking IP addresses, for reasons including breaches of these terms or laws. We may terminate your access, participation, or delete your account and posted content at any time, without warning, at our sole discretion.
Should we terminate or suspend your account, you're barred from re-registering using your name, a false identity, or that of a third party. Alongside account suspension, we reserve the right to pursue legal action, including civil and criminal proceedings, or seek injunctive relief.
18. MODIFICATIONS AND INTERRUPTIONS
We hold the right to alter, modify, or eliminate the content within the Services at our discretion, without prior notice. There's no obligation on our part to update information. Please note, we won't be held liable for any changes, price adjustments, suspensions, or cessation of the Services, whether to you or any third party.
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.
19. GOVERNING LAW
These Legal Terms, as well as your use of the Services, are governed by and interpreted in accordance with the laws of the State of Michigan. This applies to agreements made and entirely performed within the State of Michigan, without considering its conflict of law principles.
20. DISPUTE RESOLUTION
Informal Negotiations
To streamline the resolution and manage the expenses related to any dispute or claim arising from these Legal Terms (individually referred to as a "Dispute" and collectively as "Disputes") brought by either you or us (individually a "Party" and collectively the "Parties"), both Parties agree to initially try resolving any Dispute (except those Disputes expressly stated below) informally for a minimum of thirty (30) days before pursuing arbitration. This informal negotiation period begins upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties can't resolve a Dispute through informal negotiations, the Dispute (except those explicitly excluded below) will be ultimately and solely settled through binding arbitration. YOU ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will begin and proceed according to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, if applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both accessible at the American Arbitration Association (AAA) website Your arbitration costs and the portion of arbitrator compensation you are responsible for will adhere to the AAA Consumer Rules, and when applicable, will be constrained by those rules. The arbitration might be conducted in person, by document submission, via phone, or online. The arbitrator will issue a written decision but is not obligated to present a statement of reasons unless requested by either Party. The arbitrator must abide by relevant laws, and any ruling can be contested if the arbitrator fails to do so. Unless otherwise specified by the applicable AAA regulations or the law, the arbitration will occur in Michigan, United States. With the exception of what's otherwise stated herein, the Parties may seek resolution in court to enforce arbitration, suspend proceedings pending arbitration, or confirm, modify, annul, or enter judgment on the arbitrator's decision.
If a Dispute goes to court instead of arbitration, it will be initiated or pursued in the state and federal courts situated in Michigan, United States. The Parties hereby agree to and waive any defenses concerning lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction in such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is not covered by these Legal Terms.
No Dispute related to the Services brought by either Party shall be initiated more than one (1) year after the cause of action arose. If this provision is deemed illegal or unenforceable, neither Party will opt for arbitration concerning any Dispute falling within that portion. Such Dispute will be resolved by a court within the jurisdiction mentioned earlier, and the Parties consent to the personal jurisdiction of that court.
Restrictions
Both Parties agree that any arbitration will focus solely on the Dispute between them individually. As permitted by law: (a) no arbitration will be combined with any other proceeding; (b) there's no right or authority to arbitrate a Dispute on a class-action basis or to employ class action procedures; and (c) there's no right or authority to bring a Dispute in a supposed representative capacity on behalf of the general public or any other individuals.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
21. 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.
22. DISCLAIMER
The Services are provided on an as-is, as-available basis. By using the Services, you agree to assume any associated risks. We disclaim all warranties, express or implied, regarding the Services and your use of them. This includes 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 linked websites or apps. We're not liable for: (1) errors, (2) personal injury or property damage, (3) unauthorized access to our servers or your information, (4) interruptions in service, (5) third-party transmitted issues like viruses, or (6) errors in content. We don't endorse third-party products or services advertised through the Services and aren't responsible for transactions between you and third-party providers. Use caution when making any purchases or engaging with third-party services.
23. LIMITATIONS OF LIABILITY
Under no circumstances will we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, incidental, consequential, exemplary, special, or punitive damages, including lost profits, revenue, or data, arising from your use of the Services, even if we've been advised of the possibility of such damages. Our liability to you for any cause, regardless of the action's form, will always be limited to the amount paid, if any, by you to us in the three (3) months before the cause of action arose. Some state and international laws may not allow limitations on implied warranties or certain damages, so these limitations might not apply to you.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising from: (1) your use of the Services; (2) a breach of these Legal Terms; (3) any breach of your representations and warranties in these Legal Terms; (4) your violation of a third party's rights, including intellectual property rights; or (5) any harmful action toward another user connected via the Services. We reserve the right, at your expense, to assume exclusive defense and control of any matter you're obligated to indemnify us for, and you agree to cooperate with our defense efforts. We'll make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification when we become aware of it.
25. USER DATA
We'll retain certain data you send to the Services to manage its performance and information regarding your usage. While we regularly back up data, you're solely responsible for all the data you transmit or that's linked to your activities on the Services. You agree that we're not liable for any loss or corruption of this data, and you waive any right to take action against us for such loss or corruption.
26. 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.
27. 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.
28. MISCELLANEOUS
The Legal Terms and any policies or operating rules presented on the Services comprise the entire agreement between you and us. Our failure to enforce any right or provision doesn't waive that right or provision. These Legal Terms abide by applicable law to the fullest extent. We may assign our rights and obligations to others at any time. We aren't liable for loss, damage, or delay caused by reasons beyond our control. If any part of these terms is deemed unlawful or unenforceable, it doesn't affect the validity of the remaining provisions. These Legal Terms don't create a partnership, employment, or agency relationship between us. You agree these terms won't be construed against us simply because we drafted them. You waive any defenses based on the electronic form of these terms and lack of physical signatures.
29. CONTACT US
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