LIFE OVERSIGHT
TABLE OF CONTENTS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and
Life Oversight (" Company ",
“we”, “us”, or
“our”), concerning your access to and use of the
https://lifeoversight.com
website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”).
We are registered in Nevada ,
United States
and have our registered office at
__________ ,
Las Vegas ,
NV . You agree that by accessing the
Site, you have read, understood, and agree to be bound by all of
these Terms of Use . IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site 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 Terms
of Use from time to time . We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to
receive specific notice of each such change. Please ensure that
you check the applicable Terms every time you use our Site so
that you understand which Terms apply. You will be subject to,
and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of
Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
The Site is not 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 this Site. You may not use the Site in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
Unless otherwise indicated, the Site is our proprietary property
and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and
unfair competition laws of the United States, international
copyright laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of
Use, no part of the Site 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.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to 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. We reserve all rights not expressly granted to you in and to
the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these
Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use
the Site ; (6) you will not access the Site through automated or non-human
means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized
purpose; and (8) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree
to keep your password confidential and will be responsible
for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select
if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some
of our services. You agree to provide current, complete, and
accurate purchase and account information for all purchases
made via the Site. You further agree to promptly update
account and payment information, including email address,
payment method, and payment card expiration date, so that we
can complete your transactions and contact you as needed. We
bill you through an online billing account for purchases made
via the Site. 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
U.S. dollars .
You agree to pay all charges or fees at the prices then in
effect for your purchases, and you authorize us to charge your
chosen payment provider for any such amounts upon making your
purchase.
If your purchase is subject to recurring charges, then you
consent to our charging your payment method on a
recurring basis without requiring your prior approval
for each recurring charge, until you notify us of your
cancellation.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received
payment. We also reserve the right to refuse any order placed
through the Site.
We offer a
14 -day free trial to new users who register with the Site.
The account will be charged according to the user’s
chosen subscription
at the end of the free trial.
You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be
used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without 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 Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site 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 Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- 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 Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- 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 Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s 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 Site.
- 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 Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, 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 Site as part of any effort to compete with us
or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial
enterprise.
Use the Site to advertise or offer to sell goods and services. Sell or otherwise transfer your profile.
9. 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 to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- 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 Site and these Terms of Use.
- 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 Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing
violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use
the Site.
10. CONTRIBUTION LICENSE
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 Site. You
are solely responsible for your Contributions to the Site
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 Site; 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.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or
ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience
with the person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not
contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not
contain references to illegal activity; (5) you should not
be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality
of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or
negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for
any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to 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 reviews.
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site ("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled
to the unrestricted use and dissemination of these Submissions for
any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have the right
to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
13. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site)
links to other websites ("Third-Party Websites") as well
as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications,
software, and other content or items belonging to or
originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through
the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access
the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you
should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including
privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any
applications you use or install from the Site. Any
purchases you make through Third-Party Websites will be
through other websites and from other companies, and we
take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we
do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from
any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from
any losses sustained by you or harm caused to you relating
to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
14. U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal
Acquisition Regulation (“FAR”) 2.101. If our services are
acquired by or on behalf of any agency not within the Department
of Defense (“DOD”), our services are subject to the terms of
these Terms of Use in accordance with FAR 12.212 (for computer
software) and FAR 12.211 (for technical data). If our services
are acquired by or on behalf of any agency within the Department
of Defense, our services are subject to the terms of these Terms
of Use in accordance with Defense Federal Acquisition Regulation
(“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S.
Government Rights clause is in lieu of, and supersedes, any
other FAR, DFARS, or other clause or provision that addresses
government rights in computer software or technical data under
these Terms of Use.
We reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms of Use; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Terms of Use, 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 Site 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 Site in a
manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
16. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy:
https://lifeoversight.com/privacy . By using the Site, you agree to be bound by our Privacy
Policy, which is incorporated into these Terms of Use.
Please be advised the Site is hosted in
the
United States . If you access the Site
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
the
United States , then through your continued use of the Site, you are transferring your data to
the
United States , and you agree to have your data transferred to and
processed in
the
United States . Further, we do not knowingly accept, request, or
solicit information from children or knowingly market
to children. Therefore, in accordance with the U.S.
Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of
13 has provided personal information to us without the
requisite and verifiable parental consent, we will
delete that information from the Site as quickly as is reasonably practical.
17. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If
you believe that any material available on or through the
Site 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 Site infringes your
copyright, you should consider first contacting an
attorney.
These Terms of Use shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(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
TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site
at any time or for any reason without notice 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 Site
during any downtime or discontinuance of the Site. Nothing in
these Terms of Use will be construed to obligate us to maintain
and support the Site or to supply any corrections, updates, or
releases in connection therewith.
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of
the State of Nevada applicable to agreements made and to be entirely performed within
the State of Nevada , without regard to its conflict of law principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Terms of Use (each "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
If
for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in
the state and federal
courts located in Clark , Nevada , and the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal
courts . Application of the United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms
of Use.
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.
22. CORRECTIONS
There may be information on the Site 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 Site at any time, without prior
notice.
23. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR 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 SITE 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 SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE 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
SITE, (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 SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, 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.
24. 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 SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
SIX (6) MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING .
CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS
OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL
RIGHTS.
25. 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 Site; (3) breach of these Terms of Use; (4) any
breach of your representations and warranties set forth in these
Terms of Use; (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 Site with whom
you connected via the Site. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, 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.
26. USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we 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 Site. 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.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting
the Site, 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 Site, 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 SITE. 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.
28. 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.
29. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us
on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use 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 Terms of
Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Use 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 Terms of Use or use of the Site. You agree that
these Terms of Use 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 Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
30. CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us
at:
Phone: __________