terms and conditions
Last Revision: January 2021
Please read these Terms and Conditions carefully before using this Website.
The Website and its Content are owned by Px Venture Services Inc. (the “Company”, “we”, or “us”). The term “you” refers to the user or viewer of our Website.
Please read these Terms and Conditions (“Terms”) carefully. We reserve the right to change these Terms at any time without notice, and by using the Website and its Content you are agreeing to the Terms as they appear, whether or not you have read them. If you do not agree with these Terms, please do not use our Website or its Content.
You agree that these Terms represent a legally binding contract between you and the Company governing your use of the Company’s platform, the Company’s website (www.optimyzedbrain.com) or the “Site”) and mobile applications (the “Apps”).
The Disclaimer (“Disclaimer”) governs your access to and use of the Site, including any content, functionality and services offered on or through the Site whether as a guest or a registered user. A copy of our Disclaimer is available here. You acknowledge that by using the Site you have reviewed the Disclaimer.
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND THE COMPANY CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (AS APPLICABLE BY LAW IN THE JURISDICTION GOVERNING THIS AGREEMENT). PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, AS APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SITE.
Website Use and Consent
The words, course, programs, bootcamps, systems, techniques, tools, design, layout, graphics, photos, images, information, materials, documents, data, databases, formatting, look and feel, sounds, images, software, trademarks, logos, typefaces and all other information and intellectual property accessible on or through the Site (the “Content”) is our property and is protected by Canadian intellectual property laws. The Content is protected in all forms, media and technologies now known or hereinafter developed. The Company owns all Content, as well as the coordination, selection, arrangement and enhancement of such Content as a Collective Work under the Privacy Act of Canada, as amended. The Content is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Company’s express prior written consent. Any use of such Content, other than as permitted herein, is expressly prohibited without the prior permission of the Company.
By accessing or using the Site and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these Terms. Any registration by, use of or access to the Site and its Content by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms.
All payments are due upon receipt. If payment is not received or the payment method is declined, you or the user forfeits the ownership of any content purchased. If no payment is received for services rendered, you are in violation of our Terms. Access to purchased content will be revoked and necessary legal action will be taken to recover the payment.
Our program comes with a 30-day Participatory Guarantee. That means if you complete the program up to day 30 by showing proof of completion for pre-training, Stack 1, 2, and 3 (including attending all the calls, watching all content, completing all homework, and doing all the actions in the 30 days access) and do not see improvement, you can request a full refund on the 30th day. Refunds will not be given after.
Upon determining that you are entitled to a cancellation/refund pursuant to the Terms and the Agreement, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
You shall immediately cease using the Content and/or material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
Late Or Missing Refunds
If you have not received a refund within two weeks, it is suggested to first check your bank account. Then contact your credit card company, as it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
Public Areas; Acceptable Use
The Content may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow you to communicate with other users. You may only use such community areas to send and/or receive messages and/or materials that are relevant and proper to the applicable forum. For the safety and integrity of the Site, you should not share your Personal Data with other users.
Without limitation, while using the Site, you may not:
• Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including users and Company staff, or use information learned from the Company, the Site, or the Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other user or Company staff;
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Site;
• Use the Site for any unauthorized purpose, including, but not limited to posting or completing a task or action in violation of local, state, provincial, national, or international law;
• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any user, third party, or the Company;
• Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer;
• Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
• Advertise or offer to sell any goods or services for any commercial purpose through the Site which are not relevant to the Content offered through the Site;
• Impersonate another person or a user or allow any other person or entity to use your identification to post or view comments;
• Create the same content repeatedly (“Spamming”) – Spamming is strictly prohibited;
• Download any file posted by another user that a you know, or reasonably should or could know, cannot be legally distributed through the Site;
• Restrict or inhibit any other user from using and/or enjoying the Public Areas;
• Imply or state that any statements you make are endorsed by the Company, without the prior written consent of the Company;
• Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Site, or the electronic addresses or personal information of others, in any manner;
• Frame or utilize framing techniques to enclose the Site, or any portion thereof;
• Hack or interfere with the Site, its servers or any connected networks;
• Adapt, alter, license, sublicense or translate the Site for your own personal or commercial use;
• Remove or alter, visually or otherwise, any copyrights, trademarks and/or proprietary marks and/or rights owned by the Company and/or its affiliates;
• Upload content to the Site that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones and/or promotes racism, bigotry, hatred and/or physical harm of any kind against any individual or group of individuals;
• Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
• Use the Site to solicit for or any at all other business, website and/or service, or otherwise contact users for employment, contracting and/or any purpose not related to use of the Site as described herein;
• Use the Site to collect usernames, email addresses, and/or other personal information of users by electronic or other means;
• Use the Site in violation of this Agreement;
• Use the Site in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining the Company’s trade secret information for public disclosure or other purposes;
• Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the Site, providing inaccurate or fraudulent information on invoices, or otherwise invoicing in a fraudulent manner;
• Register under different usernames and/or identities after your account has been suspended or terminated, and/or register under multiple usernames or false identities, and/or register using a false or disposable email or phone number; or
• Cause any third party to engage in any restricted activities identified above and herein.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name and/or login identification when communicating in Public Areas. The Company will not be responsible for the action of any users with respect to any information or materials posted in Public Areas.
Mobile App Updates and Upgrades
By installing the mobile Apps, you consent to the installation of the App and any updates or upgrades that are released by the Company (including any updates or upgrades) that may:
(i) cause your device to automatically communicate with the Company’s servers to deliver the App functionality and to record usage metrics;
(ii) affect App-related preferences and/or data stored your device; and
You can uninstall the Apps at any time.
Termination and Suspension
The Company may terminate or limit your right to use the Site in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written and/or email notice. Such termination and/or limitation will be effective immediately upon delivery of such notice.
If the Company terminates and/or limits your right to use the Site pursuant to this Section, 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. If the Company terminates or limits your right to use the Site as a user due to a User Breach, you will not be entitled to any refund.
Even after your right to use the Site is terminated or limited, this Agreement will remain enforceable against you. The Company reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with these Terms.
The Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Site at its sole discretion. The Company is not liable to you for any modification or discontinuance of all or any portion of the Site. The Company has the right to restrict anyone from completing registration if the Company believes that such person may threaten the safety and integrity of the Site, or if, at the Company’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Site. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Intellectual Property Rights
You understand and acknowledge that the Site and its Content have been developed or obtained by us through the investment of significant time, effort, and expense, and that the Site and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. It is clear through these Terms that you may not use the Site or its Content in a manner that would constitute an infringement of our rights or that has not been authorized by us.
When you purchase our courses and/or programs, access the Site or any of its Content, you agree that:
You will not copy, duplicate or steal our Site or Content. You understand that doing anything with our Site or its Content that is contrary to these Terms is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
You are permitted from time to time to download and/or print one (1) copy of individual pages of the Site or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Site page from which the Content was obtained.
You may not in any way at any time use, copy, adapt, imply or represent that our Site or its Content is yours or created by you. By downloading, printing, or otherwise using our Site and its Content for personal use you in no way assume any ownership rights of the Site or its Content – it is still our property.
You must receive our written permission before using any of our Site or its Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any of the Site or its Content because that is considered stealing our work.
The trademarks and logos displayed on the Site and its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission. All rights not expressly granted in these terms or any express written license, are reserved by us.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of the Company and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Site in accordance with these Terms. If relevant and authorized herein, you may disclose the Confidential Information to your employees and agents provided that they are also bound to maintain the confidentiality of the Confidential Information. You shall promptly notify the Company in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and Content, and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to the Company or the Company’s business, operations or properties, including information about the Company’s staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. As a condition of participating in the bootcamp, you hereby agree to respect the privacy of other participants and to respect the Company’s confidential information.
Your License to Us.
By posting or submitting any material on or through our Site such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Site, you are granting us, and anyone authorized by us, consent to make it part of our current or future Site and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information.
You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Site or in our Content at any time for any reason.
Request for Permission to Use Content
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by sending an email to firstname.lastname@example.org.
We very clearly state that you may not use any Content in any way that is contrary to these Terms unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Site and its Content.
Digital Millennium Copyright Act
We respect others’ copyright and intellectual property rights. However, if you believe that the Content on this Site infringes upon any copyright owned by you and was posted on our Site without your authorization, you may provide us with notice requesting that we remove the information from the Site. Any request should only be submitted by you or an agent authorized to act on your behalf to email@example.com.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Site and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to the Site and/or any of its Content. The Site and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of the Site or any of its Content.
Informational and Educational Purposes Only
Our Site and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Site and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Site participant or user, including you.
No Guarantees of Results
As set forth above, and in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on the Site or not. The Company provides educational and informational resources that are intended to help users of the Site succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the information set out in the Site are no guarantee that you or any other person or entity will be able to obtain similar results.
Not Medical Advice
The Site and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Site or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on the Site, its Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Not Legal and/or Financial Advice
The Site and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Site and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Site or its Content. You are solely responsible for your results.
You acknowledge that we have not and do not make any representations as to the health, physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of the Site or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Site or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Site or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
WE MAKE NO WARRANTIES AS TO OUR SITE OR ITS CONTENT. YOU AGREE THAT OUR SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY:
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND ITS CONTENT;
(III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND
(IV) EVENTS BEYOND OUR REASONABLE CONTROL.
The Company does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and the Company will not be a party to or in any way be responsible for monitoring any transaction between you and 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.
In addition, no individual or entity shall be a third party beneficiary of these Terms. These terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
We try to ensure that the availability and delivery of our Site and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Site or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Site or its Content inaccessible to you.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Site or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Site, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites
We may provide links and pointers to other websites maintained by third parties which may take you outside of our Site or its Content. These links are provided for your convenience and the inclusion of any link in our Site or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our site or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that the Company is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that the Company has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Site at its sole discretion.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You choose to access such third-party websites at your own risk. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Site. You hereby agree to hold the Company harmless from any liability that may result from the use of links that may appear on the Site.
As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (such as Facebook, Twitter, Gmail, Outlook, Instagram, etc.) (and each such account, constituting a “Third-Party Account”) by either:
(i) providing your Third-Party Account login information through the Site; or
(ii) allowing the Company 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 that you are entitled to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers. By granting the Company access to any Third-Party Accounts, you understand that:
(i) The Company may access, make available and store (if and as applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Site via your account, including without limitation any friend lists, and
(ii) The Company may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your account with the Third-Party Account.
Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be user-generated content. 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 Site. Please note that if a Third-Party Account and/or associated service becomes unavailable and/or the Company’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time, as set forth below.
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. The Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and the Company is not responsible for any SNS Content.
Limitations on Linking and Framing
You may establish a hypertext link to our Site or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Site or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
By purchasing and/or using our Site and its Content in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on here.
Materials Provided to The Site
The Company does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable (the “Indemnified Parties”), from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Site, its Content or your breach of any obligation, warranty, representation or covenant set forth in these Terms or in any other agreement with us.
You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, and/or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. The Company reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of the Company.
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Site and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged in rendering our Site or its Content, or in any way or in any location. In the event that you use our Site and its Content or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise provided by law.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Site and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Site, the Content, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in a city and country determined by the Company. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
You are agreeing that you will not use our Site or its Content in any way that causes or is likely to cause the Site, the Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to the Site and its Content, and to us.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site or its Content. You agree to use the Site and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You must use the Site and its Content for lawful purposes only. You agree that you will not use the Site or its Content in any of the following ways:
For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity;
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others;
To send, negatively impact, or infect our Site or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not;
To cause annoyance, inconvenience or needless anxiety;
To impersonate any third party or otherwise mislead as to the origin of your contributions;
To reproduce, duplicate, copy or resell any part of our Site or its Content in a way that is not in compliance with these Terms or any other agreement with us.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Site, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Site or its Content.
If you have any questions about these T&C, please contact us at firstname.lastname@example.org.