We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders placed by or under the
same customer account, the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to
be placed by dealers, resellers, or distributors.
6. POLICY
All sales are final and no refund will be issued.
You may not access or
use the Services for any purpose other than that for which we make the Services available. The
Services may not be used in connection with any commercial
endeavors except those that are specifically
endorsed or approved by us.
As a user
of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly
or indirectly, a collection, compilation, database, or directory without written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of
the Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the
Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass,
abuse, or harm another person.
- Make
improper use of our support services or submit false reports of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking
to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar
data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection
mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or the
networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making
up a part of the Services.
- Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false
pretenses
.
- Use
the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
8. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content. We 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 Services, 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 Services and through
third-party websites. As
such, any Contributions you transmit may be treated in
accordance with the Services' Privacy Policy. 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 Services, and other users
of the Services to use your Contributions in any manner contemplated by the
Services and these Legal Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise
objectionable (as determined by us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- Your Contributions do not violate any applicable
law, regulation, or rule.
- Your Contributions do not violate the privacy or
publicity rights of any third party.
- Your Contributions do not violate any applicable
law concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual preference,
or physical handicap.
- Your Contributions do not otherwise violate, or
link to material that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use of
the Services in violation of the foregoing violates these Legal Terms and may result
in, among other things, termination or suspension of your rights to use the
Services.
You and Services agree
that we may access, store, process, and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions
or other feedback regarding the Services, you agree that we can use and share such feedback for any
purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your Contributions. We are
not liable for any statements or representations in your Contributions provided by you in any area
on the Services. You are solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
10. GUIDELINES
FOR REVIEWS
We may provide you areas on
the Services 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 hateful 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 review.
11. MOBILE
APPLICATION LICENSE
Use License
If you access the Services
via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or controlled by you, and to access and
use the App on such devices strictly in accordance with the terms and conditions of this mobile
application license
contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make
any modification, adaptation, improvement, enhancement, translation, or derivative work from the
App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of
the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App available
over a network or other environment permitting access or use by multiple devices or users at the
same time; (7) use the App for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App; (8) use the App to send
automated queries to any website or to send any unsolicited commercial email; 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 App.
Apple and Android
Devices
The following terms apply
when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor")
to access the Services: (1) the license granted to you for our App 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 App as specified in the terms and conditions of this mobile application license contained in
these Legal Terms 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 App; (3) in the event of any failure of the App 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 App, and to the maximum
extent permitted by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that has been designated by the US government
as a "terrorist supporting" country and (ii) you are not listed on any US
government list of prohibited or restricted parties; (5) you must comply with applicable third-party
terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be
in violation of their wireless data service agreement when using the App; and (6) you acknowledge
and agree that the App Distributors are third-party beneficiaries of the terms and conditions in
this mobile application license contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms
and conditions in this mobile application license contained in these Legal Terms against you as a
third-party beneficiary thereof.
12. SOCIAL
MEDIA
As part of
the functionality of the Services, 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 Services; 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 Services 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 Services. 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 Services. You will have the ability to disable the connection
between your account on the Services 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
Services. You can deactivate the connection between the Services 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.
13. THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain
(or you may be sent via the Site or App) 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 Services or any Third-Party Content posted on, available through, or
installed from the Services, 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 Services 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 Legal Terms 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 Services or relating to any applications you use or install from the Services. 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 blameless from
any harm caused by your purchase of such products or services. Additionally, you shall hold us
blameless 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. SERVICES
MANAGEMENT
We reserve the right, but not
the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to
the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
15. PRIVACY
POLICY
We care about data privacy
and security. Please review our Privacy Policy:
http://www.influstrat.com/privacy-policy
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in the Netherlands
. If you access the Services from any other region of the world
with laws or other requirements governing personal data collection, use, or disclosure that differ
from applicable laws in
the Netherlands
, then through your continued use of the Services, you are
transferring your data to
the Netherlands
, and you expressly consent to have your data transferred to and
processed in
the Netherlands
.
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 Services as
quickly as is reasonably practical.
16. TERM
AND TERMINATION
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
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.
17. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our Services.
We also reserve the right to modify or discontinue all or part
of the Services 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 Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems or
need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to supply any corrections, updates,
or releases in connection therewith.
18. GOVERNING
LAW
These Legal Terms are
governed by and interpreted following the laws of the Netherlands, and the use of the
United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If
your habitual residence is in the EU, and you are a consumer, you additionally possess the protection
provided to you by obligatory provisions of the law in your country to residence.
Influstrat and yourself both agree to submit to the non-exclusive jurisdiction of the courts
of Noord-Brabant, which means that you may make a claim to defend your
consumer protection rights in regards to these Legal Terms in the
Netherlands , or in the EU country in
which you reside.
19. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by either you or
us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute
arising from the relationships between the Parties to these Legal Terms shall be determined by one
arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European
Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and
which are in force at the time the application for arbitration is filed, and of which adoption of this
clause constitutes acceptance. The seat of arbitration shall be
Eindhoven,
Netherlands
. The language of the proceedings shall be English
. Applicable rules of substantive law shall be the law of the
Netherlands.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
20. CORRECTIONS
There may
be information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
21.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS
OF LIABILITY
IN NO EVENT
WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE three (3) 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.
23. 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) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties
set forth in these Legal Terms; (4) your violation of
the rights of a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of
the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense
and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
24. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
26. 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.
27. MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to
the fullest extent permissible by law. We may assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
28. CONTACT
US
In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services, please contact us
at:
Influstrat
__________
Phone: +310645289503