Terms & Conditions
July 24, 2018
AGREEMENT TO TERMS
you, whether personally or on behalf of an entity (“you”) and Wensia ("
”, or “
”), concerning your access to and use of the https://wensia.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”). You agree that by accessing the Site, you have read, understood, and agree to
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
to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms
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
intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register
for the Site.
INTELLECTUAL PROPERTY RIGHTS
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,
foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site
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
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)
minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or
non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal
or unauthorized purpose; and (7) 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
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.
FEES AND PAYMENT
We accept the following forms of payment:
- Visa - Mastercard - American Express
- Discover - PayPal
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 30-day free trial to new users who
register with the Site. You will be asked to provide a credit card. at the end of the free trial.
You can cancel your subscription at any time by logging into your account
or contacting us using the contact information provided below. Your cancellation will take effect at
the end of the current paid term. If you are unsatisfied with our services, please email us
at firstname.lastname@example.org .
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
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
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: 1. 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. 2. 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. 3. 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.
4. Engage in unauthorized framing of or linking to the Site. 5. Trick, defraud, or mislead us and other
users, especially in any attempt to learn sensitive account information such as user passwords. 6.
Make improper use of our support services or submit false reports of abuse or misconduct. 7. 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. 8. Interfere with, disrupt, or create
an undue burden on the Site or the networks or services connected to the Site. 9. Attempt to bypass
any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
10. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of the Site to you. 11. Delete the copyright or other proprietary rights notice from any Content.
code. 13. 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. 14. Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to
chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and
may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or on the Site, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Site and through third-party websites.
As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you
create or make available any Contributions, you thereby represent and warrant that:
- 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
- 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
- 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 do not advocate the violent overthrow of any government or incite, encourage, or threaten
physical harm against another.
- 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 contain any material that solicits personal information from anyone under the
age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state 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
things, termination or suspension of your rights to use the Site.
By posting your Contributions to any part
of the Site or making Contributions accessible to the Site by linking your account from the Site to
any of your social networking accounts, 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 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
MOBILE APPLICATION LICENSE
If you access the Site via a mobile application,
then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile
application on wireless electronic devices owned or controlled by you, and to access and use the mobile application
on such devices strictly in accordance with the terms and conditions of this mobile application license contained
source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations
in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use
the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it
is not designed or intended; (6) make the application available over a network or other environment permitting
access or use by multiple devices or users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in any way a substitute for the
application; (8) use the application to send automated queries to any website or to send any unsolicited
commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of any applications, accessories,
or devices for use with the application.
Apple and Android Devices
The following terms apply
when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”)
to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2)
we are responsible for providing any maintenance and support services with respect to the mobile application
or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in
the event of any failure of the mobile application to conform to any applicable warranty, you may notify
the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund
the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable
law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii)
you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application,
then you must not be in violation of their wireless data service agreement when using the mobile application;
and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and
will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in
As part of the functionality of the Site,
you may link your account with online accounts you have with third-party service providers (each such account,
a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the
Site; or (2) 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 and warrant that you are entitled
to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account,
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 the third-party service provider of the Third-Party Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that
you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is
available on and through the Site via your account, including without limitation any friend lists and (2)
we may submit to and receive from your Third-Party Account additional information to the extent you are notified
when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose
and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable
information that you post to your Third-Party Accounts may be available on and through your account on the
Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service provider, then Social Network Content may
no longer be available on and through the Site. You will have the ability to disable the connection between
your account on the Site and your Third-Party Accounts at any time. 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. We make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely
for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party Account, except the username
and profile picture that become associated with your account.
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.
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
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.
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
(for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf
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
We reserve the right, but not the obligation, to: (1) monitor the Site for
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.
We care about data privacy and security. Please
from the European Union, Asia, or 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
expressly consent 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.
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 federal 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.
TERM AND TERMINATION
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
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.
MODIFICATIONS AND INTERRUPTIONS
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.
accordance with the laws of the State of California applicable to agreements made and to be
entirely performed within the State of California, without regard to its conflict of law principles.
If the Parties are unable to resolve a Dispute through informal negotiations,
the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by
binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT
AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through
the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need
not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable
law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by
the applicable AAA rules or applicable law, the arbitration will take place in Wensia residence country.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
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 Wensia residence country, 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 the Uniform Computer Information Transaction Act
is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by
a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
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 Arbitration
The Parties agree that the following Disputes
are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal
or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
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.
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.
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
three (3) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN STATE 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
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 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.
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.
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.
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.
Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our
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
enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency
In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
2075 S Atlantic Blvd