Terms & Conditions
Last updated November 28, 2019
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and BigT trading UK, doing business as Squeezebox Marketplace
("Squeezebox Marketplace", “we”, “us”, or “our”), concerning your
access to and use of the www.squeezeboxmarketplace.com website as well as any other
media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site, you have read,
understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Site from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use at any time
and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you
waive any right to receive specific notice of each such change. It
is your responsibility to periodically review these Terms of Use
to stay informed of updates. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the
changes in any revised Terms of Use by your continued use of the
Site after the date such revised Terms of Use are posted.
The information provided on the Site 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 Site from other locations
do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
The Site is intended for users who are at least 13 years of age.
All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and
be directly supervised by, their parent or guardian to use the
Site. If you are a minor, you must have your parent or guardian
read and agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property
and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and
unfair competition laws of the United States, foreign
jurisdictions, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of
Use, no part of the Site 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.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site 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 Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply
with these Terms of Use; (4) you are not under the age of 13; (5)
you are not a minor in the jurisdiction in which you reside, or if
a minor, you have received parental permission to use the Site;
(6) you will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise; (7) you will
not use the Site for any illegal or unauthorised purpose; and (8)
your use of the Site 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
Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. 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 a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site 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 Site, you agree not to:
1. Systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission
from us.
2. Make any unauthorized use of the Site, 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.
3. Use the Site to advertise or offer to sell goods and services.
4. Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained
therein.
5. Engage in unauthorized framing of or linking to the Site.
6. Trick, defraud, or mislead us and other users, especially in
any attempt to learn sensitive account information such as user
passwords.
7. Make improper use of our support services or submit false
reports of abuse or misconduct.
8. 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.
9. Interfere with, disrupt, or create an undue burden on the Site
or the networks or services connected to the Site.
10. Attempt to impersonate another user or person or use the
username of another user.
11. Sell or otherwise transfer your profile.
12. Use any information obtained from the Site in order to
harass, abuse, or harm another person.
13. Use the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
14. Decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the
Site.
15. Attempt to bypass any measures of the Site designed to
prevent or restrict access to the Site, or any portion of the
Site.
16. Harass, annoy, intimidate, or threaten any of our employees
or agents engaged in providing any portion of the Site to you.
17. Delete the copyright or other proprietary rights notice from
any Content.
18. Copy or adapt the Site’s software, including but not limited
to Flash, PHP, HTML, JavaScript, or other code.
19. 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 Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or
maintenance of the Site.
20. 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”).
21. 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 Site,
or using or launching any unauthorized script or other software.
22. Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
23. Use the Site in a manner inconsistent with any applicable
laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site 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 Site, 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 Site 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 that:
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.
2. You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and
to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these
Terms of Use.
3. 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 Site and these
Terms of Use.
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).
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 federal or state law
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.
14. Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of Use, or
any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination or
suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you
automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and 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) 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 Site. You are solely responsible for your Contributions to
the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate
locations on the Site; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings.
When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hate
language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity; (5) you
should not be affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions as to the
legality of conduct; (7) you may not post any false or misleading
statements; and (8) 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 reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site ("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.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to
other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or
items belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are
not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed
from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the
Site and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be
aware these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the
Site or relating to any applications you use or install from the
Site. Any purchases you make through Third-Party Websites will be
through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services
offered on Third-Party Websites and you shall hold us harmless
from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any contact with
Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms of Use; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Site or otherwise disable
all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a
manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: privervey-poll. By using the Site, you agree to be bound
by our Privacy Policy, which is incorporated into these Terms of
Use. Please be advised the Site is hosted in the United States. If
you access the Site from the European Union, Asia, or any other
region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued
use of the Site, you are transferring your data to the United
States, and you expressly consent to have your data transferred to
and processed in the United States. Further, we do not knowingly
accept, request, or solicit information from children or knowingly
market to children. Therefore, in accordance with the U.S.
Children’s Online Privacy Protection Act, if we receive actual
knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental
consent, we will delete that information from the Site as quickly
as is reasonably practical.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS
OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(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
TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR
ACCOUNT AND 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.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site 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 Site.
We cannot guarantee the Site will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site
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 Site
during any downtime or discontinuance of the Site. Nothing in
these Terms of Use will be construed to obligate us to maintain
and support the Site or to supply any corrections, updates, or
releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the United Kingdom
applicable to agreements made and to be entirely performed within
the United Kingdom, without regard to its conflict of law
principles.
CORRECTIONS
There may be information on the Site 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 Site at any time, without
prior notice.
DISCLAIMER
THE SITE IS 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
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 CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE 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 SITE, (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 SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SITE 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 SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SITE, 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.
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 SITE, 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 LESSER OF THE AMOUNT PAID, IF
ANY, BY YOU TO US OR __________. 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.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Site; (3)
breach of these Terms of Use; (4) any breach of your
representations and warranties set forth in these Terms of Use;
(5) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of the Site with whom you
connected via the Site. 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.
USER DATA
We will maintain certain data that you transmit to the Site for
the purpose of managing the performance of the Site, as well as
data relating to your use of the Site. 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 Site. 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.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, 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 Site, 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. 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.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by
us on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use of the
Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any
and all defenses you may have based on the electronic form of
these Terms of Use and the lack of signing by the parties hereto
to execute these Terms of Use.