made between you, whether personally or on behalf of an entity (“you”) and Presence
Stars ("Presence Stars", “we”, “us”,b> or “our”), and govern your access
to and use of the
https://www.presencestars.com website and all subdomains thereof, as well as all
applications and products offered by or made available by Presence Stars, including
service website, media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the “Site”) and
widgets, applications or distribution channels from which we may operate, and your use
of any of our Services (including without limitation the software, programs, code,
technology, offerings, tools, plug-ins, components, upgrades, updates and all related
applications, available now or in the future, collectively our “Services”), which
use or access as a registered user or as a guest. References herein to Services shall
also mean to include the Site, as the context requires. You agree that by accessing,
loading, downloading, registering with, installing, and/or using the Services, you have
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. You further acknowledge and agree
that you are at least 18 years of age and have the legal capacity to enter into these
case you further represent that you are duly authorized to bind said entity).
The information provided on the Site or 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.
THESE TERMS INCLUDE: (A) AN ARBITRATION PROVISION; (B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; (C) A WAIVER OF TRIAL BY JURY; AND (D) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES AND/OR THE SITE. EXCEPT IF YOU OPT-OUT OR IN CASE OF CERTAIN LIMITED EXCEPTIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
Presence Stars is an online platform that allows users to easily create customized websites based on templates, manage the website content, and connect it to their domain. The portal provides templates that are mobile-friendly and has built-in forms that allow for easy content updates, lead generation, and CRM tools. The Services also include the White Label Service, described in more detail below. The Services provided by Presence Stars may also include other functionality, features, goods, product offerings, and service which shall be made available to the users through the Services and/or the Site.
We grant users of our Site or Services a revocable, personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the Services and/or any other technical
means embedded in the Services provided by us. This license is for the sole purpose of
enabling users to use the Services and in doing so within the limits and in compliance
with this Agreement and/or any other applicable rules. Users are required to use the
Services in accordance with the intellectual and industrial property rights of Presence
Stars and its licensors. Users do not acquire any right or title with respect to the
Services, and acknowledge that their use is non-exclusive and non-assignable, only for
the duration of the Services usage, via remote connectivity, via Internet, for the
provision of Services under the Agreement.
Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.
By using the Services, you represent and warrant that: (a) all registration information
you submit will be true, accurate, current, and complete; (b) you will maintain the
accuracy of such information and promptly update such registration information as
necessary; (c) you have the legal capacity and you agree to comply with these Terms of
Use; (d) you are not a minor in the jurisdiction in which you reside; (e) you will not
access the Services through automated or non-human means, whether through a bot, script
or otherwise; (f) you will not use the Services for any illegal or unauthorized purpose;
and (g) your use of the Services will not violate any applicable law or
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).
You may be required to register with 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 your account if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
One of the Services we provide is a white label “website builder platform” (the “White
Label Service”). We provide our customers (each, a “customer”) the
opportunity of licensing the White Label Service and using it under their name, brand,
design and domain. The customer’s licensing and use of the White Label Service shall be
Disclaimer, Limitations of Liability, and Indemnification clauses herein.
We provide such customers a non-transferable, non–assignable, non-sublicensable and non-exclusive license toward the White Label Service to use the respective website builder platform under its own brand. The White Label Service shall be branded under the customer’s brand name and shall be accessible to the public under a URL designated by the customer. Our name and logo(s) shall not appear on the White Label Service unless mutually agreed by the customer and us. In addition to these Terms, the customer (a) shall not sublicense, sell, rent, lease, reproduce, copy, transfer, or assign any part of the White Label Service; (b) shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, reverse engineer or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of any part of the White Label Service; (c) except as expressly stated herein, no part of the White Label Service may be copied, downloaded, and republished in any form or by any means; (d) customer shall not use, encourage, promote, facilitate or instruct other users to use, the White Label Service for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive (including content which offends religious sensibilities).
In addition to these Terms, the customer agrees not to use the White Label Service in order to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); or (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the White Label Service (e.g., a denial of service attack).
In addition to these Terms, the customer shall be responsible for the content populated on the White Label Service by the customer, including, without limitation, for trademarks, content, audio components, video components, or any other information posted and published on the White Label Service and for activity that occurs on the White Label Service, including content contributed by the users of said customer.
The customer and Presence Stars agree that customer, and not we, is solely responsible for the operation of the White Label Service. Our role is to make the Services available. We do not act as a fiduciary, business or legal advisor, or co-venturer to the customer. The customer is solely responsible for ensuring that the White Label Service is operated in accordance with applicable laws, for monitoring the content displayed on the White Label Service, and for establishing the terms of its relationships with its users of the White Label Service. We are not responsible for any information or content displayed on or transmitted through the White Label Service.
By licensing the White Service Label, the customer also agreed to not solicit, directly or indirectly, the employees, contractors, customers, clients, vendors, and/or suppliers of Presence Stars (which shall include any individual or entity that has been engaged in that capacity with Presence Stars within the past six (6) months) during the term of the license and for a period of one (1) year thereafter.
The customer also agrees to keep confidential any confidential, non-public, sensitive, and/or proprietary information of Presence Stars that it shall learn through or due to its relationship with Presence Stars, and all such information shall be maintained with strict care and used exclusively for the purposes of implementing the business reason for which it is shared by us. Confidential information shall not include any information that (a) was publicly known and made generally available in the public domain prior to the time of disclosure to the customer; (b) becomes publicly known and made generally available after disclosure to the customer; or (c) is obtained by the customer from a third party not under confidentiality obligations and without a breach of any obligations of confidentiality. The customer and we acknowledge that breach of this confidentiality obligation may result in great and irreparable harm for us which cannot be reasonably compensated by damages, for which reason injunctive relief and specific performance shall be available to Presence Stars to enforce the confidentiality obligations included hereunder, in addition to any other remedies available to Presence Stars.
You may be required to purchase or pay a fee to access some of our Services. You agree
to provide current, complete, and accurate purchase and account information for all
purchases made via the 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. We
bill you through an online billing account for purchases made via the Services. Sales
tax may be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.
You can cancel your subscription at any time by logging into your account or contacting
us using the contact information provided below. Your cancellation will take effect at
the end of the current paid term.
If you are unsatisfied with our services, please email us at [email protected]
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, in writing, or
are otherwise explicitly authorized hereunder.
As a user of the Services, you agree not to:
1. 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.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. 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.
4. Attempt to impersonate another user or person or use the username of another user.
5. 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.
6. 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.
7. Engage in unauthorized framing of or linking to the Services.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
10. Delete the copyright or other proprietary rights notice from any Content.
11. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
12. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
14. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any 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.
15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
16. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
17. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
18. Use the Services in a manner inconsistent with any applicable laws or regulations.
The Services may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, “Contributions”). Contributions may
viewable by other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and non-proprietary. When
you create or make available any Contributions, you thereby represent and warrant
1. 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.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us in our sole discretion).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any law, whether federal, state, or other, concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Services or making Contributions
accessible to the Services by linking your account from the Services to any of your
social networking accounts, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, sublicensable, royalty-free, fully-paid, worldwide right,
and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice and/or the image and voice of those included in
your Contributions) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such Contributions, and
grant and authorize sublicenses of the foregoing. The use and distribution may occur in
any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (a) to edit, redact, or otherwise change any Contributions; (b) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (c) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor 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: (a) providing your Third-Party Account login information through the Services; or (b) 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 (a) 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 (b) 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, the 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.
You acknowledge and agree that any questions, comments, suggestions, recommendations, advice, insights, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control,
please immediately notify the copyright agent of Presence Stars in accordance with the
Digital Millennium Copyright Act (the “DMCA”), by providing the following
writing in your notification (the “Notification”): (a) identification of the
work that is claimed to be infringed; (b) identification of the allegedly infringing
material that is requested to be removed, including a description of where it is located
on the Services; (c) information for our copyright agent to contact you, such as an
address, telephone number, and, if available, e-mail address; (d) a statement that you
have a good faith belief that the identified, allegedly infringing use is not authorized
by the copyright owners, its agent, or the law; (e) a statement that the information
above is accurate, and under penalty of perjury, that you are the copyright owner or the
authorized person to act on behalf of the copyright owner; and (f) a physical or
electronic signature of a person authorized to act on behalf of the owner of the
copyright or of an exclusive right that is allegedly infringed. If you are asserting
infringement of an intellectual property right other than copyright, please specify the
intellectual property right at issue (for example, “trademark”) by notating this in your
written notice. You acknowledge that if you fail to comply with all of the requirements
for a notice of infringement as specified above, your DMCA notice may not be
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
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
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
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.
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 also reserve the right to
modify or discontinue all or part of the Services without notice at any time. We will
not be liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Services, including, without limitation, for any modification,
deletion, or unavailability of your account, your Contributions, and/or your data,
information, and/or material as provided on or through the Services.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website, www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the United States, County of Los Angeles, State of California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. 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.
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.
Individual Basis and Waiver of Trial by Jury
To the fullest extent permitted by applicable law, you and Presence Stars each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you acknowledge and agree that any controversy that may arise under these Terms is likely to involve complicated and difficult issues and, therefore, you and we irrevocably and unconditionally waive any right you or we may have to a trial by jury in respect of any legal action arising out of or relating to these Terms. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
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.
THE SERVICES AND THE SITE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND 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 SITE’S AND SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE AND 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 SITE AND 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.
IN NO EVENT WILL WE OR OUR SHAREHOLDERS, OWNERS, PRINCIPALS, MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, AGENTS, HEIRS AND/OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR 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 DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100, WHICHEVER IS GREATER. CERTAIN STATE 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.
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.
Visiting the Site, using 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, on the Site, or through 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 SITE AND/OR 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.
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.
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at: