Last updated: September 11, 2025
AGREEMENT TO OUR LEGAL TERMS
We
are
Not90m.Com
(
"Company," "we,"
"us," "our" )
, a company registered in
California , United States
at 1386 Davis AveConcord
,
CA
, CA
94518
.
We
operate the website
https://not90m.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" ).
You
can contact us by email at [email protected]
or by mail to 1386 Davis AveConcord
, CA
, CA
94518
,
United States
.
These
Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ( "you" ), and Not90m.Com , 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.
Supplemental
terms and conditions or documents that may be posted on the Services
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 Legal Terms
from time to time . We will alert you
about any changes by updating the
"Last updated" date of
these Legal Terms, and you waive any right to receive specific notice of
each such change. It is your responsibility to periodically review these
Legal Terms to stay informed of updates. You will be subject to, and
will be deemed to have been made aware of and to have accepted, the
changes in any revised Legal Terms by your continued use of the Services
after the date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal
Terms for your records.
TABLE OF CONTENTS
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.
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: [email protected] .
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 and
contributions
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.
Contributions: The Services
may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or
broadcast content and materials to us or through the Services, including
but not limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal information,
or other material ( "Contributions"
). Any Submission that is
publicly posted shall also be treated as a Contribution.
You understand
that Contributions may be viewable by other users of the Services and possibly through third-party
websites .
When you
post Contributions, you grant us a
license
(including use of your name, trademarks, and logos): By
posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and
license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or
incorporate into other works, your Contributions, and to sublicense the licenses granted in this section.
Our use and distribution may occur in any media formats and through any
media channels.
This license 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 are
responsible for what you post or upload: By sending us
Submissions and/or posting
Contributions through any
part of the Services or making
Contributions accessible through the Services by linking your account
through the Services to any of your social networking accounts, 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 nor post any Contribution 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
and/or Contribution ; - warrant that
any such Submission
and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and - warrant and
represent that your Submissions
and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions
and/or Contributions 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.
We may remove or edit your
Content: Although we have no obligation to monitor any
Contributions, we shall have the right to remove or edit any Contributions
at any time without notice if in our reasonable opinion we consider such
Contributions harmful or in breach of these Legal Terms. If we remove or
edit any such Contributions, we may also suspend or disable your account and
report you to the authorities.
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 under the age of 13;
(5) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (6) you will not access
the Services through automated or non-human means, whether through a
bot, script or
otherwise; (7) you will not use the
Services for any illegal or
unauthorized purpose; and
(8) 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. 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
- 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" "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 - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
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
6. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
-
You are the
creator and owner of or have the necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the 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.
7. CONTRIBUTION LICENSE
By
posting your Contributions to any part of the
Services
or making
Contributions accessible to the Services
by linking your account from the
Services 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 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.
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 Services; and (3) to pre-screen or
delete any Contributions at any time and for any
reason, without notice. We have no obligation to
monitor your Contributions.
8. 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.
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.
10. 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.
11. ADVERTISERS
We
allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space
to place such advertisements, and we have no other relationship with
advertisers.
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. Please review our Privacy
Policy:
https://not90m.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
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
.
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.
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
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.
In no event shall any claim, action, or proceeding brought by
either Party related in any way to the Services be commenced more
than one (1) years after the cause of
action arose.
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
$100.00 USD
.
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) your Contributions;
(2) use of the
Services; (3) breach of
these Legal Terms; (4)
any breach of your representations and warranties set forth in these
Legal Terms; (5) your
violation of the rights of a third party, including but not limited
to intellectual property rights; or (6) any overt harmful act
toward any other user of the 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:
9. SOCIAL MEDIA