Last Updated: October 1, 2020
Thank you for choosing to be part of the Patrium community, which is developed and published by Pixabits LLC ("Company","we", "us", "our"). We arecommitted to protecting your personal information and your right to privacy. Ifyou have any questions or concerns about this privacy notice, or our practiceswith regards to your personal information, please contact usat firstname.lastname@example.org. When you visit and use any of ourservices (the "Services", which include the Site), we appreciate that you are trusting us with your personalinformation. We take your privacy very seriously. In this privacy notice, weseek to explain to you in the clearest way possible what information wecollect, how we use it and what rights you have in relation to it. We hope youtake some time to read through it carefully, as it is important. If there areany terms in this privacy notice that you do not agree with, please discontinueuse of our Services immediately. This privacy notice applies to all informationcollected through our Services which, as described above, includes all servicesoffered at https:*.patrium.app, as wellas any related services, sales, marketing or events. Please read this privacy notice carefully as itwill help you understand what we do with the information that we collect.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2.WILL YOUR INFORMATION BE SHARED WITH ANYONE?
4. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
6. HOW LONG DO WE KEEP YOUR INFORMATION?
7. DO WE COLLECT INFORMATION FROM MINORS?
8.WHAT ARE YOUR PRIVACY RIGHTS?
9. CONTROLS FOR DO-NOT-TRACK FEATURES
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
11. DO WE MAKE UPDATES TO THIS NOTICE?
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
13. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECTFROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us In Short: We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you register and/or express an interest inobtaining information about us or our products and Services, when you participate in activities and services on the site or otherwise when youcontact us. The personal information that we collect depends on the context of your interactions with us and the choices youmake and the products and features you use. The personal information we collect may include the following:· Name, address, and contact information. We use this informationto verify you are authorized to use the site and to contact you with any issuesthat arise.· Helium Network Information and Addresses, including names ofhotspots you own, host, or referred.· Helium Hotspot Host and Referral names and Helium networkaddresses, hosting/referral dates and locations, and other Helium networkrelated identifiers. All personal information that you provide tous must be true, complete and accurate, and you must notify us of any changesto such personal information.
Information automatically collected In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when youvisit our site. We automatically collect certain informationwhen you visit, use or navigate the site. This information does not revealyour specific identity (like your name or contact information) but may includedevice and usage information, such as your IP address, browser and devicecharacteristics, operating system, language preferences, referring URLs, devicename, country, location, information about how and when you use our andother technical information. This information is primarily needed to maintainthe security and operation of our site, and for our internal analytics andreporting purposes. Like many businesses, we also collectinformation through cookies and similar technologies.
2. WILL YOUR INFORMATION BE SHARED WITH ANYONE? In Short: No. We only share information with your consent, tocomply with laws, to provide you with services, to protect your rights, or tofulfill business obligations. We do NOTsell or share information with advertisers, marketing agencies, or thelike. Wemay share or transfer your information in connection with, or duringnegotiations of, any merger, sale of company assets, financing, or acquisitionof all or a portion of our business to another company. We may share certain hotspot informationbetween a hotspot owner, host, and/or referrer for a particular hotspot, butthis only occurs after the owner has identified a particular host and/orreferrer to which the information may be shared.
4. HOW DO WE HANDLE YOUR SOCIAL LOGINS? In Short: We don’t collect any, so this is inapplicable. However, we do collect your email address touse as your login ID. We do not share orsell email addresses except as noted above.
5. IS YOUR INFORMATION TRANSFERREDINTERNATIONALLY? In Short: We may transfer, store, and process your information incountries other than your own. Our servers are located in the United Statesof America. If you are accessing our from outside the US, please be awarethat your information, the instant you enter it, is transferred to, stored, andprocessed by us in our facilities in the United States of America. If you are a resident in the European EconomicArea, then please note that the data protection and similar laws of the USAdiffer from those in the EU. We will however take necessary measures to protectyour personal information in accordance with this privacy notice and applicablelaw.
6. HOW LONG DO WE KEEP YOUR INFORMATION? In Short: We keep your information for as long as necessary tofulfill the purposes outlined in this privacy notice unless otherwise requiredby law. We will only keep your personal informationfor as long as it is necessary for the purposes set out in this privacy notice,unless a longer retention period is required or permitted by law (such as tax,accounting or other legal requirements). When we have no ongoing legitimate businessneed to process your personal information, we will either delete or anonymizesuch information, or, if this is not possible (for example, because yourpersonal information has been stored in backup archives), then we will securelystore your personal information and isolate it from any further processinguntil deletion is possible.
7. DO WE COLLECT INFORMATION FROM MINORS? In Short: We do not knowingly collect data from or market tochildren under 18 years of age. We do not knowingly solicit data from ormarket to children under 18 years of age. By using the site, you representthat you are at least 18 or that you are the parent or guardian of such a minorand consent to such minor dependent’s use of the site. If we learn thatpersonal information from users less than 18 years of age has been collected,we will deactivate the account and take reasonable measures to promptly deletesuch data from our records. If you become aware of any data we may havecollected from children under age 18, please contact us at email@example.com.
8. WHAT ARE YOUR PRIVACY RIGHTS? You may review, change, or terminate youraccount at any time.
Account Information If you would at any time like to review orchange the information in your account you can do so online through thesite. If you would like to terminateyour account, please send a request to firstname.lastname@example.org.Upon your request to terminate your account,we will deactivate or delete your account and information from our activedatabases. However, we may retain some information in our files to preventfraud, troubleshoot problems, assist with any investigations, enforce our Termsof Use and/or comply with applicable legal requirements. Opting out of email marketing: You can unsubscribe from our marketing email list at anytime by clicking on the unsubscribe link in the emails that we send or bycontacting us using the details provided below. You will then be removed fromthe marketing email list — however, we may still communicate with you, forexample to send you service-related emails that are necessary for theadministration and use of your account, to respond to service requests, or forother non-marketing purposes.
9. CONTROLS FOR DO-NOT-TRACK FEATURES Most web browsers and some mobile operatingsystems and mobile applications include a Do-Not-Track ("DNT")feature or setting you can activate to signal your privacy preference not tohave data about your online browsing activities monitored and collected. Atthis stage no uniform technology standard for recognizing and implementing DNTsignals has been finalized. As such, we do not currently respond to DNT browsersignals or any other mechanism that automatically communicates your choice notto be tracked online. If a standard for online tracking is adopted that we mustfollow in the future, we will inform you about that practice in a revisedversion of this privacy notice.
10. DO CALIFORNIA RESIDENTS HAVE SPECIFICPRIVACY RIGHTS? In Short: Yes, if you are a resident of California, you are grantedspecific rights regarding your personal information. California passed the California Online PrivacyProtection Act (CalOPPA), which grantes California residents certain rightswith respect to web sites subject to the Act.
11. DO WE MAKE UPDATES TO THIS NOTICE? In Short: Yes, we will update this notice as necessary. We may update this privacy notice from time totime. The updated version will be indicated by an updated "Revised"date and the updated version will be effective as soon as it is accessible. Weencourage you to review this privacy notice frequently to be informed of how weare protecting your information.
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE? If you have questions or comments about thisnotice, you may email us at email@example.com.
13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THEDATA WE COLLECT FROM YOU? Based on the applicable laws of your country,you may have the right to request access to the personal information we collectfrom you, change that information, or delete it in some circumstances. Torequest to review, update, or delete your personal information, please sendan email to firstname.lastname@example.org and we will respond to your request within 30 days.
Terms of Service
Last Updated: October 1, 2020
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (ìyouî) and Pixabits LLC ("Company", ìweî, ìusî, or ìourî), concerning your access to and use of the http://*.patrium.app website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the ìSiteî). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE Terms of Service, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the ìLast updatedî date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service 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 Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is 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 this Site. This site is not subject to and you may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the ìContentî) and the trademarks, service marks, and logos contained therein (the ìMarksî) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site ìAS ISî for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.FEES AND PAYMENTYou may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. 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 Helium Network Tokens (HNT). You agree to pay all Helium network charges or fees at the prices then in effect for your purchases. We reserve the right to refuse any order placed through the Site by refunding the amount paid.
We offer a 30-day free trial of premium features to new users who register with the Site. Your account will revert to the base level until such time as you renew your subscription for premium features at the end of the free trial.
All purchases are non-refundable. You can cancel your subscription at any time by not making a payment to renew. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at email@example.com.PROHIBITED ACTIVITIES You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.4. Engage in unauthorized framing of or linking to the Site.5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.6. Make improper use of our support services or submit false reports of abuse or misconduct.7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.8. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.9. Attempt to impersonate another user or person or use the username of another user.10. Use any information obtained from the Site in order to harass, abuse, or harm another person.11. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.12. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.13. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.14. 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 partyís uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.15. 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 (ìgifsî), 1◊1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ìspywareî or ìpassive collection mechanismsî or ìpcmsî).16. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.17. Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. By submitting any Contribution, you thereby grant to us a royalty free, paid up, worldwide, perpetual license in the Contribution as needed for provisioning of services on the Site.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and usable by us in any manner for any reason, including the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service 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 Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the Commonwealth of Virginia applicable to agreements made and to be entirely performed within the Commonwealth of Virginia, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a "Dispute" and collectively, the ìDisputesî) brought by either you or us (individually, a ìPartyî and collectively, the ìPartiesî), 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.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAAís Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States of America, Virginia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the Commonwealth of Virginia in the United States of America, and specifically within any court therein within thirty (30) miles of Arlington, Virginia, 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 Terms of Service.
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.
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 and binding arbitration: (a) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (b) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITEíS CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 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.
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 attorneysí fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (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 Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service 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 Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service 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 Terms of Service or use of the Site. You agree that these Terms of Service 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 Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: