TERMS OF SERVICE
These Terms contain provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute. See below in Section 4 for full details.
- ABOUT THE SERVICE
We provide professional translation, proofreading, and automatic translation services. Our focus is to assist small and mid-sized companies with their website translation needs.
By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are the requisite age and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
- DISPUTE RESOLUTION
THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES THAT MAY ARISE BETWEEN YOU AND COMPANY MUST BE RESOLVED. PLEASE READ CAREFULLY.
- Definition of Claim. “Claim(s)” means any dispute between the parties and/or their parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, shareholders, and/or licensors (who shall be third-party beneficiaries of this arbitration provision) arising out of, related to, or in connection with this Agreement or the Service.
- Choice of Law; Venue for any Judicial Proceeding. This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Florida, and shall be governed by and construed in accordance with the laws of Florida without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Without waiving and subject to the arbitration agreement below, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Parkland, Florida (a “Court of Competent Jurisdiction”). The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
- Binding Arbitration. If you and Company cannot resolve a dispute or other claim through negotiations, the dispute or claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state, or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against the Company, you will be required to pay an initial fee of $250, and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Company agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Company will each pay our own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate in a Court of Competent Jurisdiction to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
- Restrictions Against Joinder of Claims. You and Company agree that any arbitration shall be limited to each Claim individually. You and Company agree that each may only bring claims against the other in your or Company’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures.
You acknowledge that without this provision, you would have the right to participate in class actions.
- Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or Company from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Company from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.
- PROFESSIONAL WEBSITE TRANSLATION SERVICES
In addition to the terms and conditions outlined in these Terms, the following terms apply to users who engage Company to provide professional translation and review services (“Professional Translation Service”). Company’s Professional Translation Services are performed by native speakers and can take your website translation to the next level.
You can learn more about our Professional Translation Service and receive a free quote here.
- Before you can order Professional Translation Services, you must first sign up for a subscription plan with Company. You can learn more about Company’s plans here.
- Company will only provide a free quote for web pages that are publicly available on your website.
- Company will begin the Professional Translation Service once payment has been received in full, unless there is a written agreement between the Parties that states otherwise.
- Once your order for Professional Translation Service has been accepted by Company, you agree that you will not make any changes or modifications to any of your webpages subject to translation.
- You are responsible for ensuring that you order the correct Professional Translation Service. Company bears no liability if you order Professional Translation Services in the wrong language or provide Company with the wrong webpage for translation. If you realize that you have made a mistake in your order, you must notify Company as soon as possible at [email protected]. Your fees for the Professional Translation Service are subject to change in order to correct any mistakes made by you.
- Once Company receives payment in full, it will provide you with an estimated time to complete the Professional Translation Service. Company does not guarantee that no delays will occur. Company will notify you via email as soon as the Professional Translation Service has been completed. Unless otherwise expressly agreed by Company, time is not of the essence for delivery of performance and no delay shall entitle you to reject delivery of the translated webpage(s) or demand a refund or any compensation for consequential losses.
- As soon as Company notifies you of its completion of the Professional Translation Service, you will have seven (7) days from the date Company notifies you to review the translated webpage(s) and either accept the order or notify Company of any changes that must be made. If you do not take any action within the seven (7) day review period, the order will be deemed approved. Once approved, no changes, revisions, or refunds are available.
- If you request a review or any changes within the seven (7) day review period, Company will perform a quality control review and typically follow up with you within one (1) business day after receipt of the request. If Company determines in its sole and reasonable discretion that the translation did not meet the necessary quality requirements, it will accept the change request and provide re-translation free of charge.
- You may cancel your order and receive a refund, minus any processing fees, only if the process of translation has not yet been started. To begin the cancellation process or to inquire if your Professional Translation Service is eligible for cancellation, you can contact Company directly via Live Chat or by email at [email protected]. Once the translation service has been started, the order cannot be canceled and you will not be eligible for a refund.
- Your use of the translated content is at your own risk. Company bears no liability for any losses or damages that may occur as a result of your use of the translated content provided by the Professional Translation Service.
- You agree that you will only communicate with translators through the Company provided communication channels. In other words, you will not contact or attempt to contact translators outside of Company’s communication channels.
- You are solely responsible for classifying, editing, or removing any confidential or personally identifiable information from content that will be translated through the Professional Translation Service.
- No materials you submit for translation shall be deemed to be confidential unless expressly stated by you and confirmed by Company.
- You declare and warrant that you have all necessary right, title, and interest in your materials submitted for translation, and that your materials do not and will not infringe or violate any third party's rights, do not violate any law and do not contain any offensive, insulting or unacceptable content.
- YOUR USE OF THE SERVICE AND YOUR RESPONSIBILITIES
You may only use the Service pursuant to the terms of this Agreement. You are solely responsible for your use of the Service and shall abide by, and ensure compliance with, all laws in connection with your use of the Service, including but not limited to laws related to intellectual property, privacy, and export control. Use of the Service is void where prohibited.
- License to Use the Service. Subject to your compliance with these Terms of Service, Company grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and use the Service. No part of the Service may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of the Company. All rights not expressly granted in this Agreement are reserved by the Company. Without limitation, this Agreement grants you no rights to the intellectual property of the Company or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of the Company, you have breached any provision of this Agreement.
- User Account. To access and use certain parts of the Service, you may be asked to create a user account (“Account”), and to provide information that personally identifies you (“Personal Information”). You represent and warrant that all user information you provide in connection with your Account and your use of the Service is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy. You agree that you will not submit any false information (including without limitation any email address, username, or likeness) to willfully impersonate another person, whether actual or fictitious. If Company believes in its sole discretion that the information you provide is not current, complete, or accurate, Company has the right to refuse your access to the Service, or to terminate or suspend your access at any time, or both.
- Account Security. You will be asked to provide an email address and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify the Company immediately of any unauthorized use of your Account. Company shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.
- Your Content. You agree that you are solely responsible for the content (“Content”) sent or transmitted by you or displayed or uploaded by you in using the Service and for compliance with all laws pertaining to the Content, including, but not limited to, laws requiring you to obtain the consent of a third party to use the Content and to provide appropriate notices of third-party rights. You represent and warrant that you have the right to upload the Content and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Company be liable in any way for any (a) Content that is transmitted or viewed while using the Service, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Company is not responsible for any Content, Company may delete any Content, at any time without notice to you, if Company becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights you already hold in Content which you submit, post, or display on or through, the Service.
- License to Display Your Public Content. Public Content refers to content you publicly post, including your reviews or testimonials about the Service or messages/comments you post in our Forum. You remain the owner and are solely responsible for your Public Content, however, we require the following license from you in order to be able to display your Public Content as expressly permitted by you - for example, to post your messages or comments in our Forum or post your testimonials about the Service. You hereby grant Company an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display your Public Content throughout the world in any media now existing or in the future created. You represent and warrant that you have all rights and permissions to grant the foregoing license.
- PROHIBITED CONDUCT
Company imposes certain restrictions on your use of the Service. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to Company or any other person in connection with the Service; (b) upload, post, transmit, display, perform, or distribute any Content, information, or materials that is libelous, defamatory, abusive, threatening, violent, harassing, or obscene; (c) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (d) modifying or changing the placement and location of any advertisement posted through the Service; (e) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (f) without express written permission from Company, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use; (g) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (h) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (i) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (j) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (k) requesting the provision of translation services without prior authorization from the website owner; or (l) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Service, including without limitation any fraudulent effort to modify software.
We reserve the right to terminate your Account and use of the Service for violating any of the above prohibited uses or any of these Terms or for violating any applicable law.
- FEES, SUBSCRIPTION PLANS, RETURN, AND REFUND POLICY
- Payment of Fees. You agree to pay Company all fees associated with your use of the Service (“Fees”), as indicated to you at the time you agree to such Fees (such as through registration or checkout process). All transmissions of payment information through the Service are secured with Internet-standard TLS (also known as HTTPS) encryption. Company does not verify account information, process any payments or store your billing information itself; instead, these services are provided through the Service by Company’s trusted Third Party “Payment Processors,” and you may be redirected to Third Party Websites and/or required to agree to separate Third Party terms in order to complete your payment transaction. You warrant that you are legally authorized to provide any payment method that you provide to us. You are responsible for paying any applicable taxes for your purchase(s).
- Subscription Membership. Company offers certain services on a subscription basis. If you enroll in a subscription plan (your “Subscription”), you will be billed according to the terms of the Subscription (the “Subscription Terms”) as displayed to you at the time you enroll.
- Timing of Subscription Payments. At the time you enroll in your Subscription, you will be required to provide payment information to pay for the Fees associated with your Subscription. If you choose to enroll in a Subscription, you understand and agree that in addition to your first purchase, your payment method on file will be charged for additional Subscription periods (e.g., once per month or once per year) without obtaining further permission or confirmation from you. In other words, your Subscription plan renews automatically unless canceled in advance of the next payment period by you. Please pay attention to the Fees, payment terms and disclosures provided during the order process for your subscription plan. We may find it necessary to change the Fees in effect for your Subscription without prior notice to you that is sufficient to afford you an opportunity to cancel your Subscription before incurring the increased fees.
- Changes and Cancellation. To change or cancel a subscription plan, you may either use the billing section of your dashboard or contact our Live Chat. Changes and cancellations must be made at least one (1) day before your payment method is charged for the next payment period.
- Late or Failed Payments. You understand and agree that if you fail to make a payment or your payment is received late or fails for any reason, Company reserves the right to post an error message on your translated webpage(s). This message will be displayed on your webpage until the payment issue is resolved. You may resolve payment issues through the billing section of your dashboard or contacting Company through our Live Chat.
- Free 15-Day Trial Period. If you enroll in our free trial period, you are not charged for 15 days from the date of purchase. However, you will be required to provide payment information to pay for the Subscription Fees, including any taxes, which will be due once the trial period ends, unless you cancel as outlined above in Section 8(d). Our Free Trial is for new members only.
- Return and Refund Policy. Company will accept returns of software within thirty (30) days of your purchase. To begin the return process, you may contact Company directly via Live Chat or by email at [email protected]. Returns of software are eligible for a full refund. Professional translation services provided by the Company are only eligible for refund under very limited circumstances. If you have ordered a professional translation service, you may cancel your order and receive a refund, minus any processing fees, only if the process of translation has not yet been started. To begin the cancellation process or to inquire if your service is eligible for cancellation, you can contact Company directly via Live Chat or by email at [email protected]. Once the translation service has been started, the order cannot be canceled and you will not be eligible for a refund.
- DISCLAIMERS AND LIMITATION OF LIABILITY
- Application. This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you. Company’s affiliated entities, owners, and agents are intended third-party beneficiaries of this Section. No advice or information obtained by you through the Service or otherwise shall alter the terms stated in this Section.
- Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, AND AFFILIATES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR WEBSITE AND THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY DOES NOT WARRANT THAT (A) THE WEBSITE OR SERVICE WILL FUNCTION OR BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE WEBSITE OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) TRANSLATIONS WILL BE FREE FROM ERROR; OR (E) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. COMPANY DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE WEBSITE AND SERVICE.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, INTERRUPTION OF YOUR BUSINESS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES THROUGH THE PROVISION OF THE SERVICE; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR ACCOUNT OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. IN NO EVENT SHALL COMPANY, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00 OR THE AMOUNT YOU PAID TO US IN THE LAST THIRTY DAYS. THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
- Your Responsibility for Loss or Damage; Backup of Data. You agree that your use of the Service is at your sole risk. You will not hold Company or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your Content, computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations. You understand and agree that it is your sole responsibility to backup your data before providing Company with access to your servers. You are also responsible for removing access to servers once provision of the Service has been completed.
- ASSUMPTION OF RISK; INDEMNITY BY YOU
- Assumption of Risk. You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.
- Indemnification. Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless Company and the Company Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, a “Claim”, and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Company, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Service; (iv) your provision to Company or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (v) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
- MODIFICATION AND TERMINATION
- Termination. Either party may terminate this Agreement at any time upon written notice to the other party. Company may also immediately terminate this Agreement, your Account, and your use of the Service at any time without notice, including for suspected violation of these Terms or any applicable law, or discontinuation of the Service. All payment obligations outstanding at the time of termination and Sections 4, 9, 10, 12-16 shall survive termination of this Agreement.
- INTELLECTUAL PROPERTY
GTranslate, the GTranslate logo, GTranslate’s website domain(s), and all content and other materials available through https://gtranslate.io and the Service (collectively, the “Company IP”), exclusive of user Content, are the trademarks, copyrights, and intellectual property of and owned by Company or its licensors and suppliers. Except as expressly provided in these Terms, neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Service will inure to the benefit of Company, and you assign all such goodwill to Company. You shall not at any time challenge Company’s right, title, or interest in, or the validity of, the Company IP.
- THIRD PARTY WEBSITES
Our website and/or the Service may link to and reference the websites and content of third parties (“Third Party Websites”), some of whom may have established relationships with Company and some of whom may not. Company does not have control over the content or performance of Third-Party Websites. Company has not reviewed and cannot control all Third-Party Websites. Accordingly, the Company does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through the Third-Party Websites. Company disclaims, and you agree to assume all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
- CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By registering for an Account or providing your email through the Service, you expressly consent to receive electronic and other communications from Company, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication or by contacting us at [email protected]. We may still send you non-promotional communications.
- CUSTOMER SERVICE
Company has customer service support to assist with any issues regarding the Service. We encourage you to seek resolution of any issues by first using our Live Chat. We will do our best to respond to all requests to keep our customers satisfied. We reserve the right to limit or cancel support in the following situations: (a) unreasonable behavior by a user, such as bad language, racism, etc.; (b) continued/repeating server issues that cannot (or should not) be resolved by us; and (c) user is not cooperative in providing additional details regarding the issues raised.
- GENERAL TERMS
- Entire Agreement. This Agreement constitutes the entire agreement between the Company and you concerning your use of the Service.
- Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
- Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Company, or by the unilateral amendment of this Agreement by Company along with the posting by Company of that amended version.
- No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
- Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of the Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
- Independent Contractors. You and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
- No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: Company Parties, Indemnitees, and Company's licensors and suppliers (to the extent expressly stated in this Agreement).
- Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.