Terms of Service March 20, 2017
Welcome to www.sitycare.com (hereinafter referred to as the “Website”, “Site”, “We”, “Us”, “Our”), owned and operated by SITYCARE LLC , with its office located at 7111 Harwin Dr #190D Houston TX 77036 (hereinafter referred to as the “Company”). The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, CARE SEEKERS AND CARE PROVIDERS (COLLECTIVELY REFERRED TO AS “USERS” AND INDIVIDUALLY AS A “CARE SEEKER” or “CARE PROVIDER”) (hereinafter also referred to as “You” or “Your”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. YOUR USAGE OF THIS WEBSITE SIGNIFIES YOUR ASSENT TO THE FOLLOWING BINDING AGREEMENT.
Our website provides an online introductory service between any person who requires assistance with children, old people, domestic chores, pets (hereinafter referred to as “Care seeker”) and individuals who provide services as caregiver, nanny, babysitter, or helper (hereinafter referred to as “Care providers”) (collectively referred to as the “Services”). Our website acts as a facilitator for such services and all commercial / contractual terms are offered by and agreed to between care seekers and care providers alone. You understand and agree that we are not a party to any agreement entered into between care seekers and care providers. We have no control over the conduct of “Users” using our site and services, and disclaim all liability in this regard.
LEGAL REQUIREMENTS IN RELATION TO CHILD CARE SERVICES MAY BE DIFFERENT IN EACH STATE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE LEGALITY AND APPROPRIATENESS OF USING THIS WEBSITE IN YOUR OWN LEGAL JURISDICTION.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal agreement between you and us.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1. DEFINITIONS AND INTERPRETATION:
1.2 “Care seeker” means any individual who requires services of babysitter, carer for senior citizens/old people, pet sitter, tutor, housekeeper etc.
1.3 “Care provider” means and includes a babysitter, pet sitter, nanny, carer for old people/senior citizens, tutor, domestic help, housekeeper etc.
1.4 "User/You" means and includes Care seeker and Care provider using or accessing the services provided on this Site.
1.5 “Listings” mean and include the jobs posted by care seekers and/or profiles posted by care providers on our website.
1.6 “Account” means the accounts created by the Users on our website in order to use the Services provided by us and require information such as name, email address, password, gender, Country, contact number etc. Once the user creates an account on our website then the user may also be referred to as members.
1.7 “Content” means text, graphics, images, music, audio, video, information or other materials.
1.8 “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our website including job postings and profile postings by care seeker and care provider respectively.
1.9 “https://www.sitycare.com/Content” means all Content that our website makes available through the site or Services, including any Content licensed from a third party, but excluding user Content.
1.10 “SNS” means Social Networking Site such as Facebook, twitter, Instagram etc.
1.11 The official language of these terms shall be English.
1.12 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2.2 Our website reserves the right to terminate your membership and refuse to provide you with access to the Site if we discover that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
2.3 By using our website and its services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
2.4 Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
2.5 Except where additional terms and conditions are provided which are service specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website you agree to be bound by the Terms and Conditions.
2.6 You represent and warrant that you currently meet and will continue to meet the above stated eligibility conditions ("Eligibility Conditions") for as long as you use the Service and shall comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Service, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive services.
2.7 You represent that neither you, nor anyone in your home or, as applicable, the location where care services are provided or received: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others and/or has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity.
2.8 You represent that neither you, nor anyone in your home or, as applicable, the location where care services are provided or received, is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
2.9 By using the Service, you understand and agree that we may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that we may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Service and you must discontinue use of the Service if at any time you no longer meet the Eligibility Conditions. If our website becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.
3.1 Registering on our website is free for the Users. It is mandatory for both, care seekers and care providers, to create an account on our website in order to use our services.
3.2 In order to create an account and register with us you shall either create an account directly with us or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook or twitter or Google accounts (each such account, a “Third-Party Account ”).
3.3 If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
3.4 If you directly want to sign up with us and create an account directly on our website then:-
a) you must register for an account with us (an "Account") and provide certain personal information such as name, email
address, contact number, password, gender, country, zip code.
3.5 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
b) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
3.6 When creating an Account, don’t:
a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
3.7 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at email@example.com .
b) Use a username that is the name of another person with the intent to impersonate that person;
c) Use a username that is subject to rights of another person without appropriate authorization; or
d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
3.8 You may not transfer or sell your SITYCARE account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
3.9 Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
3.10 One individual can own only one account in his/her name.
3.11 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
4.1 The Site and Services provides an introductory service only for care seeker and care provider through which care seeker will be able to:
i. post his/her job on our website/create advertisements seeking Services of care providers (Ads).;
4.2 We enable care providers to create a profile as per information requested on the Site (Profile) and care seekers can view these Profiles, and contact care providers via the Site to avail their services.
ii. contact care providers and request their services.
4.3 The Service merely offers tools, resources and a venue to connect those seeking care services with those seeking to provide care services.
4.4 Our website is not a party to any agreement entered into between a care seeker and care provider. Our website is not a referrer or booking agent, and provides no such related services. Any arrangement between a care seeker and care provider is solely between the care seeker and care provider. It is strictly and expressly not part of your agreement with us.
4.5 The Service may be used to help obtain or offer services provided by Users and to facilitate payment for such services. However, Users transact solely between themselves, and our website is not a party to any transactions between Users. Our website hereby expressly disclaims, and you hereby expressly release our website from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.
5. REPRESENTATIONS AND WARRANTIES BY USERS:
5.1 You understand and agree that the Site is an online introductory platform only. Our website’s responsibilities are limited to facilitating the availability of the Site and Services.
5.2 You understand and agree that our website:
(A) Does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users;
(B) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline;
(C) Makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users; and
(E)By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and the connections you make and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
5.4 Our website hereby expressly disclaims, and you hereby expressly release our website from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to: (a) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; and/or (b) any misstatements or misrepresentations made by any Users.
5.5 Although our website has no obligation to verify the Eligibility Conditions or conduct any other screenings, verifications or background checks, it reserves the right to do so in its sole discretion, and you hereby authorize us to verify any or all of the above representations and warranties you make or the other information you provide. Such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification.
6. SUBSCRIPTION PLANS AND PAYMENTS:
6.1 Our website offers the following subscription plans to its users at a price as mentioned below:-
6.2 You shall be required to subscribe to any one of the above mentioned subscription plan at the time of registering on our website.
6.3 All payments hereunder shall be made in USD and via PayPal or a credit card processing gateway.
6.4 If you make a payment by debit or credit card, you warrant that the information you provide to us is true and complete, that you are authorized to use the debit or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the purchase price.
6.5 Our website uses third party payment providers to receive payments and we shall are not be responsible for delays or erroneous transaction execution or cancellation due to payment issues. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
6.6 Our pricing structure/subscription plans or payment methods may be amended from time to time in our sole discretion.
7. PROHIBITED USE:
7.2 You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:
a) Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
b) Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
c) Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation, including without limitation wage and hour and working condition laws and regulations;
d) Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
e) Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
f) Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
g) Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;
h) Harvest or otherwise collect information about Users without their consent;
i) Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;
j) Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by our website;
k) Impersonate another person or allow any other person or entity to use your user name, password or membership;
l) Post the same content repeatedly or spam - spamming is strictly prohibited;
m) Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;
n) Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
o) Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or
p) Restrict or inhibit any other User from using and enjoying the Service.
7.4 The Service is for the use of individuals only and may not be used in connection with any commercial endeavors without the express written consent of our website. The Service may not be used by any person or organization to recruit for another website or service or to solicit, advertise, or contact others for employment, contracting, or any other purpose for a business not affiliated with us without express written permission from us. You agree not to use User Content in order to contact, advertise, solicit, or sell to others without their express consent.
7.5 You further agree not to collect User Content or any other information, materials or content obtained through the Service, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings, or otherwise misuse or misappropriate information, materials or content, or any information obtained through use of the Service, using manual or automated means, including without limitation though web scraping, without express written permission from us. Should we have a reasonable basis to believe that you violated this section; our website reserves the right, in addition to other remedies and at its sole discretion, to assess a USD 1000 daily penalty fee for scraping and/or recruiting.
8. CANCELLATION AND REFUNDS:
8.1 All payments hereunder are non-refundable. Thus, the user agrees that users shall not at any time have the right to seek any refund hereunder.
8.2 Users have a right to cancel and/or terminate their account at any time.
9. NO PROFESSIONAL ADVICE; INFORMATION ONLY:
9.1 Any information, materials, content and/or advice provided through the Service, whether by us, Users or third parties, our blogs, are for informational purposes only.
9.2 If you have specific concerns or a situation arises requiring professional advice, you should consult with an appropriately trained and qualified professional. Our website hereby expressly disclaims, and you hereby expressly release our website from, any and all liability whatsoever for any controversies, claims, suits, injuries, losses, harms and/or damages arising from and/or in any way related to the information, materials and content provided through the Service, including without limitation on the Blog, Facebook pages, Twitter account etc.
10. USER CONTENT:
10.1 "User Content" is defined as any information, content, messages, photos, and/or materials a User posts on or through the Service, submits to us and/or submits to any other User on or through the Service or by any other medium or method and also includes the job posting/ads by care seeker and profile posted by care provider.
10.2 Our website acts as a passive conduit for User Content, and Users, not our website, are solely responsible for the User Content they post, submit or transmit through the Service. User Content, including without limitation in connection with registration and Users' profiles, is self-reported and you understand and agree that our website does not independently verify that any or all of the User Content is accurate, appropriate, timely or complete.
10.3 You understand and agree that you make your own decisions and assessments about User Content and about persons to engage or engagements to accept. Our website hereby expressly disclaims, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others.
10.4 You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant to our website an irrevocable, perpetual, non-exclusive, fully paid, worldwide, sub licensable license to use, copy, perform, display, reproduce, adapt, modify, prepare derivative of, and distribute such User Content and to incorporate such User Content into other works.
10.5 You agree that you are solely responsible for any User Content you post or submit, and you represent and warrant that any User Content:
(A) Shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Service;
(B) shall not infringe any third party's rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy;
(C) shall not violate any law, statute, ordinance, rule or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or the provision of child care, elder care or health care;
(D) Shall not be defamatory, libelous, threatening, harassing, abusive, or inflammatory; (E) shall not be obscene, indecent, suggestive, violent, offensive or contain pornography or be harmful to minors;
(F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and
10.6 Although we have no obligation to do so, our website reserves the right, and has absolute discretion, to remove, screen or edit User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing User Content you post or store on the Service at your sole cost and expense.
11. INTELLECTUAL PROPERTY RIGHTS:
11.2 This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Our website also owns the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work and/or compilation under the United States Copyright Act, as amended.
11.3 You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without our prior express written permission. Furthermore, you are not allowed to post, distribute or reproduce any User Content that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Service and/or civil and/or criminal penalties. In addition, the Service contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of our website and/or the relevant right holder.
11.4 The service marks, trademarks, logos and trade names appearing on this Service are owned by our website or are appearing on the Service with permission of the respective owners, and you acknowledge the rights of our website and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
11.5 Copyright Complaints and Copyright Agent. Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, our website has adopted a policy of terminating, in appropriate circumstances and at our website's sole discretion, members who are deemed to be repeat infringers. Our website may also at its sole discretion limit access to the Service and/or terminate the accounts of anyone who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11.6 Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements. If you believe that your work has been copied and posted on or made accessible through the Service in a way that constitutes copyright infringement, please provide our designated agent (as set forth below) with the following information:
11.7 Designated Agent:
a) An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location within the Service where the infringing material is located. Include enough information to allow us to locate the material;
c) Your address, telephone number, and email address;
d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
e) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
a) Name of Agent Designated to Receive Notification of Claimed Infringement: Menali Rodq.
b) Full Address of Designated Agent to Which Notification Should Be Sent: 7111 Harwin dr #190D Houston TX 77036.
12. LINKS TO THIRD PARTY SITES:
c) Telephone Number of Designated Agent: 713 784 2296.
12.1 The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites.
12.2 You are responsible for and assume all risk arising from your use or reliance of any third party sites. We may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
12.3 Linked Services created by third party developers may be available on, through or in connection with our Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Profile, or elsewhere on our Services, shared with other members and Users on our Services, otherwise accessed via our Services, or which may link to your Profile from outside of our Services.
12.5 In addition, the third party providing the Linked Service may use other parties to provide portions of the service to you, such as technology, development or payment services. We may have limited control or no control at all over the content, operations, policies, terms, or other elements of Linked Service, and we do not assume any obligation to review any Linked Service. We do not endorse, approve, or sponsor any Linked Service, or any third-party content, advertising, information, materials, products, services, or other items.
12.6 We are not responsible for the quality or delivery of the services offered, accessed, obtained by or advertised at such Linked Services and make no warranties, express or implied, as to the Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). We encourage you not to provide any personally identifiable information to any Linked Service unless you know and are comfortable with the third party with whom you are interacting.
12.7 Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within Linked Services. Any activities you engage in with any of the same, including but not limited to the provision of Content or data to them, are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Service so we encourage you to review them carefully.
13.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
13.2 Without limiting the foregoing, we may close, suspend or limit your access to our website:
• If we determine that you have breached, or are acting in breach of, this Agreement;
• If we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
• If we determine that you have engaged, or are engaging, in fraudulent or illegal activities;
• To manage any risk of loss to us, a User, or any other person; or
• For other similar reasons.
13.3 If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
15. LIMITATION OF LIABILITY:
15.1 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF MEMBERS AND OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
15.2 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY OF THE WEBSITE ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
15.3 IF ANY OF THE ABOVE LIMITATIONS DOES NOT APPLY TO YOU BECAUSE YOU ARE ACCESSING WEBSITE FROM A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.
16. DISCLAIMER OF WARRANTIES:
16.1 ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
16.4 Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
• Your use of or your inability to use our Website, Services and tools;
• Delays or disruptions in our Website, Services, or tools;
• Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
• Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
• The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
• A suspension or other action taken with respect to your account; and
• The duration or manner in which, as a User, you upload, download, store and share file/content.
17. GOVERNING LAWS AND JURISDICTION:
17.1 These Terms and any action related thereto will be governed by the laws of USA.
17.2 Users agree to submit to the exclusive jurisdiction of the courts in California, USA in relation to proceedings arising out of this agreement.
18. DISPUTE RESOLUTION:
18.1 In case of any dispute with us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.2 The venue for arbitration shall be determine and the language used for arbitration shall be English.
18.3 The award of the arbitration shall be binding on both, you and us.
18.4 If there is a dispute between users of the website or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have any such dispute between users and any third party, you hereby release us, our directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
20.1 By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
20.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
20.3 Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent. As proof of service, it is sufficient that:
21. SPECIAL ADMONITIONS FOR INTERNATIONAL USE:
(a) The email was sent to the specified email address.
22. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
24.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
24.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
25. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) Acts of god;
(b) Natural disasters;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
26. ELECTRONIC COMMUNICATION:
26.1 By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and/or start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, downloads, and prints this Agreement.
26.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
26.3 By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
26.4 In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
27. LEGAL COMPLIANCE
27.1 In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
27.2 You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful.
28. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
29. CONTACT US:
For any further clarification of our Terms and Conditions, please write to us at firstname.lastname@example.org .