TERMS AND CONDITIONS
Last updated
March 23, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Quantilix AI Pvt. Ltd.
, doing business as Sizeify
(
"Company," "we," "us," "our" )
, a company registered in
India
at SILVERWEST SOC ST-2 OPP - RMC
, Rajkot
, Gujarat
360003
.
We operate the
website
https://www.sizeify.app
(the "Site" )
, as well as any other related products and services that refer
or
link to these legal terms (the "Legal Terms" ) (collectively, the
"Services" ).
You can contact us by email
at hello@sizeify.app
or by mail to SILVERWEST
SOC
ST-2 OPP - RMC
, Rajkot
, Gujarat
360003
,
India
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
"you" ), and Sizeify , concerning your access to and use of the Services.
You
agree that by accessing the Services, you have read, understood, and agreed to be bound by all of
these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Services from time to time are hereby expressly incorporated herein by reference.
We
reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms
from time to time . We will alert
you
about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your responsibility to periodically review these
Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been
made
aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the
Services after the date such revised Legal Terms are posted.
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: hello@sizeify.app . If we ever grant you the
permission
to post, reproduce, or publicly display any part of our Services or Content, you must identify us as
the
owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions and contributions
Please review this section and the " PROHIBITED ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have
when
you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions" ), you agree to assign to us all
intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled to
its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute
to, or participate in blogs, message boards, online forums, and other functionality during which you
may
create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to
us
or through the Services, including but not limited to text, writings, video, audio, photographs,
music,
graphics, comments, reviews, rating suggestions, personal information, or other material ( "Contributions" ).
Any
Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services .
When you post Contributions, you grant us a license
(including
use of your name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid,
worldwide right, and license
to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for any purpose,
commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicense the licenses granted in this section. Our use and distribution may
occur in any media formats and through any media channels.
This license includes our use of your name, company name, and
franchise
name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for what you post or upload: By
sending us
Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by
linking
your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our
"PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any and all moral
rights
to any such Submission
and/or Contribution ; - warrant that any such Submission
and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissionsand/or Contributions ; and - warrant and represent that your Submissions
and/or Contributionsdo not constitute confidential information.
You are solely responsible
for
your Submissions and/or Contributions and you expressly agree to reimburse us for any and all
losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property
rights, or (c) applicable law.
We may remove or edit
your Content: Although we have no obligation to monitor any Contributions, we shall have
the
right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services
infringes
upon any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS
" section below.
By using the Services, you represent and warrant
that:
(1) you have the legal capacity and you agree to
comply with these Legal Terms;
(2) you are not a
minor in the jurisdiction in which you reside
; ( 3) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (4) you will not use the Services for any
illegal
or unauthorized
purpose; and (5) 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).
All purchases are non-refundable.
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 Indian Rupees (INR) for users in India, or US Dollars (USD) for international users. The applicable currency is determined automatically based on your country of origin at the time of purchase.
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.
5. SOFTWARE
We
may include software for use in connection with our Services. If such software is accompanied by an
end
user license
agreement
( "EULA" ), the terms
of
the EULA will govern your use of the software. If such software is not accompanied by a EULA, then
we
grant to you a non-exclusive, revocable, personal, and non-transferable
license to use such software solely in
connection
with our services and in accordance with these Legal Terms. Any software and any related
documentation
is provided "AS IS"
without warranty of any kind, either express or implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any
and
all risk arising out of use or performance of any software. You may not reproduce or redistribute
any
software except in accordance with the EULA or these Legal Terms.
6. 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.
7. 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.
8. CONTRIBUTION LICENSE
By posting
your
Contributions to any part of the Services
, you automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license
to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any
purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media
channels.
This license
will apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable, and
any
of the trademarks, service marks, trade names, logos, and personal and commercial
images
you provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not
assert any ownership over your Contributions. You retain full ownership of all of
your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services.
You
are solely responsible for your Contributions to the Services and you expressly
agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change
any
Contributions; (2) to re-categorize any Contributions to place them in
more
appropriate locations on the Services; and (3) to pre-screen or delete any
Contributions
at any time and for any reason, without notice. We have no obligation to monitor
your
Contributions.
9. 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.
10. PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy:
https://www.sizeify.app/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
India
. 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
India
, then through your continued use of the Services, you are
transferring
your data to
India
, and you expressly consent to have your data transferred to and
processed in
India
.
11. COPYRIGHT INFRINGEMENTS
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services
infringes
upon any copyright you own or control, please immediately notify us using the contact information
provided
below (a "Notification"
). A
copy of your Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held liable for damages if
you
make material misrepresentations in a Notification. Thus, if you are not sure that material located on
or
linked to by the Services infringes your copyright, you should consider first contacting an
attorney.
12. 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
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.
13. 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.
14. GOVERNING LAW
These Legal Terms shall be
governed
by and defined following the laws of
India
. Sizeify and yourself irrevocably consent that the
courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these
Legal Terms.
15. 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
out of or in connection with these Legal Terms, including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the International Commercial Arbitration Court
under
the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this
ICAC,
which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators
shall
be 1. The seat, or legal place, or arbitration shall be
India
. The language of the proceedings shall be English. The
governing law of these Legal Terms shall be substantive law of
India
.
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
16. 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.
17. 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.
18. 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
.
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.
19. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth
in
these Legal Terms; (5) your violation of the rights of a
third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services
with
whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your
expense,
to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate,
at
your expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding
which is subject to this indemnification upon becoming aware of it.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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: