TERMS AND CONDITIONS

Last updated: June 28, 2023

ACCEPTANCE OF TERMS

Welcome to Trail Dweller (‘Company’, ‘we’, ‘us’, or ‘our’). We operate the website traildweller.com (the ‘Site’), along with any other products and services that refer or link to these terms and conditions (the ‘Terms’) (together, the ‘Services’).

Please feel free to contact us at [email protected].

These Terms form a legally binding contract between you (either an individual or an entity) (‘you’), and Trail Dweller, governing your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agree to abide by all of these Terms. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, PLEASE REFRAIN FROM USING THE SERVICES IMMEDIATELY.

Additional terms and conditions or documents may be posted on the Services periodically, and are hereby explicitly incorporated into these Terms. We reserve the right to alter or modify these Terms at our sole discretion, without prior notice. Changes will be indicated by updating the ‘Last updated’ date of these Terms, and you forfeit any right to receive specific notice of each such change. It is your responsibility to regularly review these Terms to stay informed of updates. Your continued use of the Services after the date these revised Terms are posted signifies your acceptance of such changes.

The Services are designed for users who are at least 18 years of age. Individuals under the age of 18 are not allowed to use or register for the Services.

For your records, we advise that you print a copy of these Terms.

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENCE
THIRD-PARTY WEBSITES AND CONTENT
ADVERTISERS
SERVICES MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The information provided through our 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. Thus, those individuals 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 do not aim to comply with industry-specific regulations (such as the 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 should not use the Services. The Services should not be used in a manner that would infringe upon the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

All intellectual property rights in our Services, which include but are not limited to, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the ‘Content’), and the trademarks, service marks, and logos contained therein (the ‘Marks’), are either owned by us or licensed to us.

Our Content and Marks are shielded by copyright, trademark, and various other intellectual property rights and unfair competition laws and treaties, both within the United States and globally. The Content and Marks, as presented in or through the Services, are offered ‘AS IS’ for your personal, non-commercial use, or internal business purpose only.

Your Usage of Our Services

In accordance with your compliance with these Terms, including the ‘PROHIBITED ACTIVITIES’ section, 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

for your personal, non-commercial use or internal business purpose.

Except as outlined in this section or as stipulated in our Terms, no part of the Services, Content, or Marks may be duplicated, reproduced, collected, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without our explicit prior written consent.

To request permissions beyond those outlined in this section or elsewhere in our Terms, contact us at: [email protected]. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure any copyright or proprietary notices appear or are visible upon posting, reproducing, or displaying our Content.

We retain all rights not expressly granted to you in and to the Services, Content, and Marks. Breach of these Intellectual Property Rights will constitute a severe breach of our Terms and will result in the immediate termination of your right to use our Services.

Your Submissions and Contributions

Carefully review this section and the ‘PROHIBITED ACTIVITIES’ section before using our Services to understand the (a) rights you grant us and (b) obligations you undertake when you post or upload any content via the Services.

Submissions: When you send us any queries, comments, suggestions, ideas, feedback, or other information about the Services (‘Submissions’), you agree to assign all intellectual property rights in such Submissions to us. You consent that we will own these Submissions and can use and disseminate them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: You may be invited by the Services to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities where you can create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services (‘Contributions’). Publicly posted Submissions are also regarded as Contributions.

Contributions may be viewable by other users of the Services and potentially through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us a perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt, and exploit your Contributions (including your image, name, and voice), and to prepare derivative works from, or incorporate into other works, your Contributions. This license extends to any media formats and through any media channels, for any purpose, commercial, advertising, or otherwise.

This license includes the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images you provide.

Your Responsibilities: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account to any of your social networking accounts, you:

Confirm agreement with our ‘PROHIBITED ACTIVITIES’ and agree not to post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that infringes these rules;
Waive, to the extent permissible by applicable law, any and all moral rights to any such Submission and/or Contribution;
Warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and grant us the above-mentioned rights; and
Assert that your Submissions and/or Contributions do not contain confidential information.

You are solely responsible for your Submissions and/or Contributions and agree to indemnify us for any losses we may suffer due to your violation of this section, third-party intellectual property rights, or applicable law.

We have the right, although not the obligation, to monitor any Contributions. We can remove or edit any Contributions at any time without notice if, in our reasonable opinion, we deem such Contributions harmful or in violation of these Terms. If we remove or edit any Contributions, we may also suspend or disable your account and report you to the authorities.

3. USER REPRESENTATIONS

As a user of our Services, you make the following representations and guarantees:

You possess the legal capacity to abide by these Terms.
You are not a minor in your resident jurisdiction.
You will not access our Services through automated or non-human methods, including bots or scripts.
You will not use the Services for any illicit or unauthorized purposes.
Your utilization of our Services will not breach any applicable laws or regulations.

If you provide any information that is false, outdated, incomplete, or inaccurate, we hold the right to suspend or terminate your account and deny current or future use of our Services (or any part thereof).

4. PROHIBITED ACTIVITIES

You are strictly prohibited from using our Services for any other purposes than those we specifically provide. Commercial endeavors may only be associated with our Services if they are explicitly endorsed or approved by us.

As a user of our Services, you are not allowed to:

Retrieve data or content from the Services to assemble a collection, compilation, database, or directory without our written permission.
Deceive or defraud us and other users, especially in attempts to learn sensitive account information such as passwords.
Circumvent or interfere with security-related features of the Services, including features that prevent or restrict content use or copying, or enforce usage limitations.
Disparage, tarnish, or harm us or our Services.
Use any information from the Services to harass, abuse, or harm another person.
Misuse our support services or submit false reports of abuse or misconduct.
Use the Services in a way that contravenes any applicable laws or regulations.
Unauthorized framing or linking to our Services.
Transmit or upload viruses, Trojan horses, or other harmful material that disturbs any party’s use and enjoyment of the Services or affects the use, features, functions, operation, or maintenance of the Services.
Engage in automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools.
Delete copyright or other proprietary rights notices from any content.
Attempt to impersonate another user or person or use another user’s username.
Interfere with or disrupt 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.
Attempt to circumvent any measures of the Services designed to prevent or restrict access.
Copy or adapt the Services’ software, including Flash, PHP, HTML, JavaScript, or other code.
Unless allowed by law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Use any automated system, including spiders, robots, cheat utilities, scrapers, or offline readers that access the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
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 use the Services and/or content for revenue-generating or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.

5. USER-GENERATED CONTRIBUTIONS

Our Services may offer you opportunities to chat, contribute to blogs, message boards, online forums, and to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, ‘Contributions’).

These Contributions might be visible to other users of the Services and through third-party websites. Consequently, any Contributions you transmit may be treated as non-confidential and non-proprietary.

By creating or making available Contributions, you affirm the following:

Your Contributions will not infringe any proprietary rights, such as copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use your Contributions in any manner contemplated by the Services and these Terms.
You have the written consent, release, and/or permission of each identifiable person in your Contributions to use their name or likeness.
Your Contributions are accurate and not misleading.
Your Contributions are not unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not harass or threaten any other person and do not 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 any third party’s privacy or publicity rights.
Your Contributions do not involve child pornography or intend to harm minors in any way.
Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not violate these Terms, or any applicable law or regulation.

Please note, any violation of these guidelines may lead to the termination or suspension of your rights to use our Services.

6. CONTRIBUTION LICENCE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

7. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites (‘Third-Party Websites’) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

8. Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

9. 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.

10. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: http://www.traildweller.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

11. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE 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.

12. 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.

13. Governing Law

These Legal Terms shall be governed by and defined following the laws of United States. Trail Dweller and yourself irrevocably consent that the courts of United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

14. 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 thirty (30) 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 one (1). The seat, or legal place, or arbitration shall be Taipei, Taiwan. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of United States.

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

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) 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.

15. 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.

16. 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 UNAUTHORISED 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 JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. 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.

18. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence 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.

19. 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.

20. 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.

21. 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.

22. 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 defences 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.

23. 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: [email protected].