Section 4. Modifications of TermsThe Company may change these Terms and Conditions at any time, with or without notice to you, by posting modified Terms and Conditions on this Site. The most up-to-date version of the Terms and Conditions will take precedence and control over all previous versions. It is your responsibility to monitor these Terms and Conditions for any modifications. By visiting the Site and/or registering as a Customer and utilizing the Company’s Services, you are acknowledging and agreeing to be bound by any future modification unless and until you explicitly contact the Company that you no longer wish to conform to these Terms and Conditions and otherwise cease using the Site and/or the Services. If you no consent to these Terms and Conditions, your registration and personal information will be deleted, and you will no longer be authorized to use the Site and/or the Services. You acknowledge and agree that the Company is not obligated to retain any of your personal information or to maintain your account.
Section 5. Registration Information; Use of ServicesYou acknowledge, agree, represent, and warrant that you are the responsible party for maintenance of the confidentiality of your password and username which allows access to your account, whether you create a username or create your account using third party login information. If you know of any unauthorized use of your account information, you must notify us immediately at [email protected]. You further acknowledge, agree, represent, and warrant that (A) you are accessing and otherwise using the Site and the Services for only law-abiding purposes and are authorized to do so; (B) you are only providing the Company with accurate, current, and complete information; and (C) you shall are not misrepresenting your data or using any other person’s personal information without the authorization of the such person. Any suspected fraud-based data will be reported to the proper authorities for the purposes of prosecution. You further acknowledge that the Services may be interrupted from time to time, for any or no reason, which includes the malfunction of equipment, maintenance, or repair of the service, or other actions taken by the Company, in its discretion. You further agree that the Company may use, and hereby assign to Company, without reservation, any feedback provided by you, including any comments or ideas communicated by you to the Company, in any way, including in future modifications of the Site and/or the Services.
Section 6. Term/TerminationYou may terminate your account and relationship with the Company under these Terms and Conditions at any time and for any reason by contacting the Company at [email protected] or by sending notice to our office. The Company may terminate its relationship with you, delete your username and registration, and/or choose not to implement our Services for you at any time and for any reason, effective upon sending notice to you and, as applicable, by remitting to you a refund.
Section 7. Intellectual and/or Trademarked/Patented PropertyAll data, information, content, and other materials contained on the Site and/or related to Services, regardless of whether such information is protected or protectable under applicable law (“Proprietary Information”) belong to the Company and shall remain the property of the Company without reservation. Notwithstanding your access to the Site or the Services, such Proprietary Information is exclusive to the Company and, unless the Company provides its written consent, you are prohibited from copying, distributing, repurposing, using, transferring, selling, or utilizing any such Proprietary Information in any manner other than in connection with the Services furnished by the Company.
Section 8. Disclaimer/Holding Harmless of ServiceYou acknowledge and agree that the Company and its affiliates, owners, and agents make no representations, warranties, or guarantees about the quality, condition, accuracy, or extensiveness of the data on the site or of the services. You further acknowledge and agree that the Company assumes no liability for any errors, omissions, deletions, bugs, communications problems, the theft or destruction or unauthorized access to, or alteration and use of registration information, technical errors of any telephone network or lines, computer systems, data center CPUs, or ISPs, computer hardware, software, transmission problems, high traffic on the Internet or any combination thereof, including any injury or damage to visitors or Customers, or to any other person’s CPU related to or resulting from participating or downloading materials in connection with the web and/or in connection with the Site and/or the Services. You further acknowledge and agree that the Company will not be liable, under any circumstances, for any loss or damage, including personal injury or death, resulting from your use (or any third parties use) of the Site and/or the Services. You further acknowledge and agree that the Site and/or the Services are being delivered and provided “AS-IS” and (to the greatest extent not prohibited under law), the Company expressly disclaims all guarantees or conditions of any kind, including without limitation the implied warranties of title, fitness for a particular purpose, non-infringement, and readiness for any function, that the Company makes no guarantee that the Site will be without errors or that access to the Services will be uninterrupted and continual, and that the Company does not warrant and does not promise any specific results from use of the service. If you decide to register with the service, you do so at your own choice and peril. You further acknowledge and agree that neither the Company, nor its affiliates, owners, or agents shall be liable, under any circumstance, to any visitor to the Site, Customer of the Services, and/or any third party for any consequential, secondary, substantial, prototypical, subsidiary, special or punitive damages (however arising, including negligence), including lost profits arising out of, or relating to any use or misuse of the Site and/or the Service or any part thereof.
Section 9. IndemnificationYou acknowledge and agree that you shall indemnify and hold harmless the Company, and its affiliates, owners, and agents, from and against all claims and expenses, including, without limitation, to attorney fees, in whole or in part, arising out of or attributable to any breach of the Terms and Conditions by you or anyone authorized by you to use this Site and/or the Services.
Section 10. Other
If any portion of these Terms and Conditions is considered unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms and Conditions as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms and Conditions that is deemed unlawful, void or unenforceable shall be stricken from these Terms and Conditions.
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