AGREEMENT TO OUR LEGAL TERMS We are Dolphin (Zenobia Pay, Inc..)
("Company," "we," "us," "our"), a company registered in California, United
States at 254 Ivy Street San Francisco, CA 94107. We operate the website
http://www.dolphinmade.com (the "Site"), as well as any other related
products and services that refer or link to these legal terms (the "Legal
Terms") (collectively, the "Services"). Dolphin is an AI website builder
You can contact us by phone at 2153977217, email at
founders@dolphinmade.com, or by mail to 254 Ivy Street, San Francisco, CA
94102, United States. These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity
("you"), and Dolphin (Zenobia Pay, Inc..), concerning your access to and
use of the Services. You agree that by accessing the Services, you have
read, understood, and agreed to be bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY. We will provide you with prior notice of any scheduled
changes to the Services you are using. The modified Legal Terms will
become effective upon posting or notifying you by
founders@dolphinmade.com, as stated in the email message. By continuing to
use the Services after the effective date of any changes, you agree to be
bound by the modified terms. All users who are minors in the jurisdiction
in which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or guardian to
use the Services. If you are a minor, you must have your parent or
guardian read and agree to these Legal Terms prior to you using the
Services. We recommend that you print a copy of these Legal Terms for your
records. TABLE OF CONTENTS 1. OUR SERVICES 2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS 4. USER REGISTRATION 5. PURCHASES AND PAYMENT 6.
SUBSCRIPTIONS 7. PROHIBITED ACTIVITIES 8. USER GENERATED CONTRIBUTIONS 9.
CONTRIBUTION LICENSE 10. SOCIAL MEDIA 11. THIRD-PARTY WEBSITES AND CONTENT
12. SERVICES MANAGEMENT 13. PRIVACY POLICY 14. TERM AND TERMINATION 15.
MODIFICATIONS AND INTERRUPTIONS 16. GOVERNING LAW 17. DISPUTE RESOLUTION
18. CORRECTIONS 19. DISCLAIMER 20. LIMITATIONS OF LIABILITY 21.
INDEMNIFICATION 22. USER DATA 23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES 24. CALIFORNIA USERS AND RESIDENTS 25. MISCELLANEOUS 26.
CONTACT US 1. OUR SERVICES The information provided when using the
Services 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 Services 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 Services
are 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 the Services. You may not use the
Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA). 2.
INTELLECTUAL PROPERTY RIGHTS Our intellectual property We are the owner or
the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service marks,
and logos contained therein (the "Marks"). Our Content and Marks are
protected by copyright and trademark laws (and various other intellectual
property rights and unfair competition laws) and treaties in the United
States and around the world. The Content and Marks are provided in or
through the Services "AS IS" for your personal, non-commercial use or
internal business purpose only. Your use of our Services Subject to your
compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES"
section below, we grant you a non-exclusive, non-transferable, revocable
license to: access the Services; and 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 or internal business purpose. Except
as set out in this section or elsewhere in our Legal Terms, no part of the
Services 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. If you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: founders@dolphinmade.com. If we ever grant
you the permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or
displaying our Content. We reserve all rights not expressly granted to you
in and to the Services, Content, and Marks. Any breach of these
Intellectual Property Rights will constitute a material breach of our
Legal Terms and your right to use our Services will terminate immediately.
Your submissions Please review this section and the "PROHIBITED
ACTIVITIES" section carefully prior to using our Services to understand
the (a) rights you give us and (b) obligations you have when you post or
upload any content through the Services. Submissions: By directly sending
us any question, comment, suggestion, idea, feedback, or other information
about the Services ("Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall
own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You are responsible for what you
post or upload: By sending us Submissions through any part of the Services
you: confirm that you have read and agree with our "PROHIBITED ACTIVITIES"
and will not post, send, publish, upload, or transmit through the Services
any Submission that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or misleading; to
the extent permissible by applicable law, waive any and all moral rights
to any such Submission; warrant that any such Submission are original to
you or that you have the necessary rights and licenses to submit such
Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions; and warrant and
represent that your Submissions do not constitute confidential
information. You are solely responsible for your Submissions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party's
intellectual property rights, or (c) applicable law. 3. USER
REPRESENTATIONS By using the Services, 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 Legal Terms; (4) you
are not a minor in the jurisdiction in which you reside, or if a minor,
you have received parental permission to use the Services; (5) you will
not access the Services through automated or non-human means, whether
through a bot, script or otherwise; (6) you will not use the Services for
any illegal or unauthorized purpose; and (7) your use of the Services 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 Services (or any portion thereof). 4. USER
REGISTRATION You may be required to register to use the Services. 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.
5. PURCHASES AND PAYMENT We accept the following forms of payment: - Visa
- Mastercard - American Express - Discover - PayPal You agree to provide
current, complete, and accurate purchase and account information for all
purchases made via the Services. 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. 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 US dollars. You agree to pay all charges at
the prices then in effect for your purchases and any applicable shipping
fees, and you authorize us to charge your chosen payment provider for any
such amounts upon placing your order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or
received payment. 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. SUBSCRIPTIONS Billing and Renewal Your subscription will continue and
automatically renew unless canceled. You consent to our charging your
payment method on a recurring basis without requiring your prior approval
for each recurring charge, until such time as you cancel the applicable
order. The length of your billing cycle is monthly. Cancellation You can
cancel your subscription at any time by logging into your account. Your
cancellation will take effect at the end of the current paid term. If you
have any questions or are unsatisfied with our Services, please email us
at founders@dolphinmade.com. Fee Changes We may, from time to time, make
changes to the subscription fee and will communicate any price changes to
you in accordance with applicable law. 7. PROHIBITED ACTIVITIES 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. 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. 9.
CONTRIBUTION LICENSE You and Services agree that we may access, store,
process, and use any information and personal data that you provide 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. 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. 11.
THIRD-PARTY WEBSITES AND CONTENT The Services 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 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. 12. 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. 13.
PRIVACY POLICY We care about data privacy and security. By using the
Services, you agree to be bound by our Privacy Policy posted on the
Services, which is incorporated into these Legal Terms. Please be advised
the Services are hosted in the United States. 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 United States, then through your continued use of
the Services, 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. 14. 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. 15. 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 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. 16. GOVERNING LAW These Legal Terms and your use of the
Services are governed by and construed in 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. 17. DISPUTE RESOLUTION Any legal action of whatever
nature brought by either you or us (collectively, the "Parties" and
individually, a "Party") shall be commenced or prosecuted in the state and
federal courts located in San Francisco, California, 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 Legal Terms.
18. 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. 19.
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. 20. 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 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. 21. 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. 22.
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. 23.
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. 24. 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. 25. 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. 26. 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: