AGREEMENT TO OUR LEGAL TERMS
We are My Digital Geek LLC ("Company," "we," "us," "our"), a company registered in Delhi, India at Plot No 1,
Piller No 202 Near Kalindi Kunj Delhi 110020.
We operate the website https://mydigitalgeek.com, as well
as any other related products and services that refer or link to these legal terms (the "Legal Terms")
(collectively, the "Services").
At My Digital Geek, we create high-impact, revenue-generating digital marketing services fully tailored to
your brand. With expertise across industries, we blend creativity, technology, and result-driven tactics
to drive engagement and lasting success. Our goal is customer-focused, enabling your brand to succeed
with meaningful results.
You can contact us by email at info@mydigitalgeek.com or by mail to
Plot No 1, Piller No 202 Near Kalindi Kunj Delhi 110020.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on
behalf of an entity ("you"), and My Digital Geek LLC, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to
Legal Terms will become effective seven (7) days after the notice is given, except if the changes apply
to new functionality, security updates, and bug fixes, in which case the changes will be effective
immediately. By continuing to use the Services after the effective date of any changes, you agree to be
bound by the modified terms. If you disagree with such changes, you may terminate Services as per the
section "TERM AND TERMINATION."
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement within such jurisdiction
or country.
Accordingly, those persons who choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services,
including all
source code, databases, functionality, software, website designs, audio, video, text, photographs,
and graphics in the Services (collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual
property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal,
non-commercial use or internal business purpose only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a
non-exclusive, non-transferable, revocable license to:
- Access the Services;
- Download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for
any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out
in this section
or elsewhere in our Legal Terms, please address your request to: info@mydigitalgeek.com.
If we ever grant you permission to post, reproduce, or publicly display any part of
our Services or
Content, you must identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content,
and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of
our Legal Terms
and your right to use our Services will terminate immediately.
Your Submissions
Please review this section and the "PROHIBITED
ACTIVITIES"
section carefully prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.
Submissions
By directly sending us any question, comment, suggestion, idea, feedback, or other
information about
the Services ("Submissions"), you agree to assign to us all intellectual property rights in such
Submission.
You agree that we shall own this Submission and be entitled to its unrestricted use
and dissemination
for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You Are Responsible for What You Post or Upload
By sending us Submissions through any part of the Services you:
- Confirm that you have read and agree with our "PROHIBITED
ACTIVITIES" and will not post, send, publish, upload, or transmit through the
Services
any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading.
- To the extent permissible by applicable law, waive any and all moral rights to any such
Submission.
- Warrant that any such Submission is original to you or that you have the necessary rights
and
licenses to submit such Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions.
- Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any
and
all losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
- You have the legal capacity and you agree to comply with these Legal Terms.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Services through automated or non-human means, whether through a bot,
script, or otherwise.
- You will not use the Services for any illegal or unauthorized purpose.
- Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the
right to suspend or terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly
or indirectly, a collection, compilation, database, or directory without written permission from
us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another
person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages,
or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or
the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
- Data capture, usage, storage, and transmission prohibited.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We 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 be viewable by other users of the
Services and through third-party websites. As such, any Contributions you transmit may be treated in
accordance with the Services' Privacy Policy.
When you create or make available any Contributions, you thereby represent and warrant
that:
- The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users of the Services to use
your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of
these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and
may result in, among other things, termination or suspension of your rights to use the Services.
6. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions or other feedback regarding the Services, you agree that we
can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a
review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed.
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful
language.
- Your reviews should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability.
- Your reviews should not contain references to illegal activity.
- You should not be affiliated with competitors if posting negative reviews.
- You should not make any conclusions as to the legality of conduct.
- You may not post any false or misleading statements.
- You may not organize a campaign encouraging others to post reviews, whether positive or
negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review.
By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute all content relating to the
review.
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the Services for violations of these Legal Terms.
- 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.
- 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.
- 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.
- Otherwise manage the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
9. PRIVACY POLICY
We care about data privacy and security. Please review our 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
and Canada.
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 and Canada, then through your continued use of the Services, you are
transferring your data to the United States and Canada, and you expressly consent to have your data
transferred to and processed in the United States and Canada.
10. 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.
11. 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.
12. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of the Country of United States and its diverse parts applicable to
agreements made and to be entirely performed within the State of USA, without regard to its conflict
of law principles.
13. 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
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 American Arbitration Association (AAA) website. Your arbitration
fees and your
share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate,
limited by
the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of
documents, by phone,
or online. The arbitrator will make a decision in writing, but need not provide a statement of
reasons unless
requested by either Party. The arbitrator must follow applicable law, and any award may be
challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable
law, the
arbitration will take place in United States. Except as otherwise provided herein, the Parties may
litigate in
court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or
enter
judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted
in the state and federal courts located in United States, and the Parties hereby consent to, and
waive all defenses
of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such state and
federal courts. Application of the United Nations Convention on Contracts for the International Sale
of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
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.
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.
14. 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.
15. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
- (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF THE SERVICES,
- (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
- (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR
- (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE
CAUTION WHERE APPROPRIATE.
16. 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 DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS
OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective
officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or
demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- (1) use of the Services;
- (2) breach of these Legal Terms;
- (3) any breach of your representations and warranties set forth in these Legal Terms;
- (4) your violation of the rights of a third party, including but not limited to intellectual
property rights; or
- (5) any overt harmful act toward any other user of the Services with whom you connected via the
Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of
any matter for which you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject
to this indemnification upon becoming aware of it.
18. 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.
19. 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.