TERMS AND CONDITIONS
Last
updated
August 12, 2025
AGREEMENT TO OUR LEGAL TERMS
We
are truckares
(
"Company,"
"we," "us," "our" )
, a company registered in
Maine , United
States
at 8502 Preston Rd. Ingle, Maine 98380, USA
, Plot No-1634, Second floor,
Sector-82 JLPL
, Maine 98380, USA
, ME
98380
.
We
operate the
website
https://truckares.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
phone at +172-2972891 , email at
info@truckares.com
, or by
mail to 8502 Preston Rd. Ingle, Maine 98380, USA
, Plot No-1634, Second floor,
Sector-82 JLPL
, Maine 98380, USA
, ME
98380
,
United States
.
These
Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
"you" ), and
truckares , 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 info@truckares.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.
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.
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: info@truckares.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
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.
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
; ( 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.
We
accept the following forms of payment:
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
Cancellation
Fee Changes
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 - 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. -
Use the Services to advertise or offer to sell goods and services.
8. 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 authorize - 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.
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. 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.
12. 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
ACCEONTAINED 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.
13. 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.
14. 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
__________
applicable to agreements made and to be entirely performed within
the State of
__________
, without regard to its
conflict of law
principles.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute"
and
collectively, the "Disputes" ) brought by
either you or
us
(individually, a "Party" and collectively, the
"Parties" ), the Parties agree to first
attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least
__________ days before initiating arbitration. Such informal negotiations
commence upon
written notice from one Party to the other Party.
Binding Arbitration
Any
dispute
arising out of or in connection with these Legal Terms, including any question regarding its
existence,
validity, or termination, shall be referred to and finally resolved by the International
Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise,
146) according
to the Rules of this ICAC, which, as a result of referring to it, is considered as the part
of this clause.
The number of arbitrators shall be __________ . The seat, or
legal place, or
arbitration shall be
__________
. The language of the proceedings shall be __________ . The
governing law
of these Legal Terms shall be substantive law of
__________
.
Restrictions
The
Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually.
To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b)
there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c)
there is no
right or authority for any Dispute to be brought in a purported representative capacity on
behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
16. 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.
17. 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.
18. 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
.
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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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:
10. SOCIAL MEDIA