IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE ARBITRATION PROVISION IN SECTION 18.

NeoNautics Group Website

NeoNautics Group (“Company”, “we” or “us” “our”) offers a website to provide data research and business advisory services. Company, THROUGH THEIR WEBSITE, OFFERS A RANGE OF PROFESSIONAL SERVICES, INCLUDING BUSINESS OPERATIONS, SECURITY AND PRODUCT DISTRIBUTION SERVICES.

1. Acceptance of the Terms of Use

   These terms of use are entered into by and between You and Company. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Website, including any content, functionality, services offered on or through Company’s website, or the Company may offer, (the “Website”), whether as a guest or a registered user. This includes the use of the Website, the Services offered by us, email notifications, checklists, invitations to connect with service providers, and any related applications or subscription services provided by us (collectively, the “Services”). 

Please read the Terms of Use carefully before you start to use the Website and/or any Services. By using the Website, purchasing goods or Services, or by clicking to accept or agree to the Terms of Use if this option is made available to you, you acknowledge that you have read, understand, accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at neonautics.life/privacy-policy (the “Privacy Policy”) incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or purchase any good or Services on the Website.

2. Eligibility

This Website is offered and available to users who are 18 years of age or older. If you are under 18 years of age, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website or purchase any good or Services on the Website. If you are under 18, you represent and warrant that you have your parent’s or guardian’s permission to use this Website. Please have them read these Terms of Use with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are subject to these Terms of Use and responsible for your child’s activity on the Website. 

If you are using the Website on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts these Terms of Use.

3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion and without notice to you. All changes are effective immediately when we post them and that our posting of such changes constitutes notice to you of such revised Terms of Use, and shall apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page each time you access this Website so you are aware of any changes, as they are binding on you.

4. Accessing the Website, Account Security and Confidentiality

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. From time to time, we may restrict access to some parts of the Website, or the entire Website to users.

You are responsible for:

-Making all arrangements necessary for you to have access to the Website.

-Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.  

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to us, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

5. Ownership; Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, photographs, graphics, images, video, and audio content, computer code and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal or business use only. Unauthorized use and/or duplication of any content from the Website without express and written permission from the Company and the applicable author is strictly prohibited. Please contact the Company at the email address noted on the last page of these Terms of Use to request permission to use original photos found on this Website and associated social media websites. A licensing fee applies for any commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.  

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

   The Company retains ownership of its proprietary tools and methods, including know-how, ideas, techniques, models, templates, and sequences, as well as any enhancements to the foregoing ("Company Tools"). Subject to your compliance with these Terms and payment of applicable fees, the Company grants you a worldwide, perpetual, fully paid-up, royalty-free, non-exclusive license to use the Company Tools incorporated in or required for your use of the Services.

You acknowledge that all Services provided and the related work product created by the Company, once paid for by you, shall be considered "works made for hire," and you shall be deemed the author. As such, you shall exclusively own all rights, title, and interest in and to the paid Services and the corresponding work product, including all intellectual property rights therein, across all media globally, for all types of uses.

6. Trademarks 

The Company name and logo and all related names, logos, trademarks, product and service names, designs, and slogans (collectively, the “Trademarks”) are exclusively owned by the Company or its affiliates or licensors. You must not use such Trademarks without the prior written permission of the Company, or present false or misleading impressions about Company or otherwise damage the goodwill associated with the Company name or trademarks. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7. Prohibited Uses and Content

You may use the Website only for lawful purposes and in accordance with these Terms of Use. This section also applies to any interactive services or features available on the Website. You agree not to use the Website:

-In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

-For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

-To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.

-To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

-To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

-To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as solely determined by us, may harm the Company or users of the Website or expose them to liability.

-In any way that violates, or is not in accordance with, any guidelines or instructions posted by us for posting, tagging, or utilizing any other feature or Service on the Website.

Additionally, you agree not to:

-Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

-Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

-Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

-Use any device, software, or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website.

-Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

-Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

-Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

-Post any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, contains pornographic material or is otherwise objectionable in our sole discretion.

-Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

-Post any content that is not your own or infringes or infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

-Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.  

-Be likely to, or intentionally, deceive any person or user.

-Promote any illegal activity, or advocate, promote, or assist any unlawful act.

-Impersonate any person, or misrepresent your identity or affiliation with any person or organization, or, unless truthful, give the impression that any content you prost to the Website emanates from or are endorsed by Company or any other person or entity.

-Post any content that involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

-Create more than one unique public profile or register for more than one account except as specifically permitted in these Terms of Use, create an account on behalf of someone else, or create a false or misleading identity.

-“Stalk” or otherwise harass another user of the Website.

-Upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

8. Monitoring and Enforcement; Termination

Although we may take certain steps to examine the credentials of the service or personal property listed, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service or personal property or the quality of the job that may be performed for you if you elect to retain services or buy any personal property. We do not guarantee or warrant the performance of the services, or the outcome or quality of the services performed, or the personal property purchased. Users are not employees or agents of the Company, nor is the Company an agent of the users or vendors. Each user should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these requirements with the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed or products being offered. We recommend you confirm these requirements before proceeding with your project. BY USING THE COMPANY’S WEBSITE AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU AGREE TO HOLD US FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES OR PROPERTY. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE, WHETHER DIRECT OR INDIRECT, ARISING IN CONNECTION WITH ANY SERVICES, COMMUNITY PAGES, OR PROPERTY.

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
WE ASSUME NO LIABILITY FOR ANY ACTION OR INACTION REGARDING TRANSMISSIONS, COMMUNICATIONS, OR CONTENT PROVIDED BY ANY USER OR THIRD PARTY. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED HEREIN. 

9. Copyright Infringement

If you believe that anything posted on the Website violates your copyright, you may notify our designated copyright agent by email to [email protected]. You will be requested to provide evidence of the ownership of your copyright and identification of the copyright work claimed to have been infringed as well as other information reasonably requested by the copyright agent.

10. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS OR CONTENT PROVIDED BY ANY THIRD PARTIES.

11. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

12. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy neonautics.life/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

13. Payments

While using the Website, certain services may incur fees ("Paid Services"), such as administrative fees, transaction fees, and subscription fees. You agree to pay all fees associated with the use of Paid Services. Note that any payment terms, including notes presented to you during the use or purchase of a Paid Service, form an integral part of these Terms of Use, and by accessing the Paid Service, you accept such terms. In instances where there's a conflict between these Terms of Use and specific payment terms or notes provided during the use or purchase of a Paid Service — and where both cannot be interpreted in harmony — the specific payment terms or notes will take precedence. 

Upon our request, you agree to provide a credit or debit card through the Services or Payment Processors (as defined below) to set up your offers. The terms of your payment may be determined by agreements between you and the financial institution, or credit card issuer. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.

Payments may be processed by third-party payment processors (the “Payment Processors”) through a payment account linked to the Services for use of the Paid Services, including Stripe and are subject to the Stripe Connected Account Agreement. By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of using our Website with Stripe, you agree to provide us accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize us to pass on information provided by you to Stripe so that Stripe may use it to protect the integrity of your account. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGE THAT MAY RESULT SHOULD ANY INFORMATION BE RELEASED TO ANY THIRD PARTIES, AND YOU AGREE TO HOLD US HARMLESS FOR ANY DAMAGES THAT MAY RESULT THEREFROM.

Any available processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to these Terms, and you agree, as a condition to making payments, to abide by the terms and conditions of such Payment Processors, as the same may be updated from time to time. Breach of the terms and conditions provided by such Payment Processors can lead to payments being withheld in addition to any other rights or remedies we may have at law or under these Terms of Use. We are not responsible for any error by, or other acts or omissions of, the Payment Processors. By choosing to use Paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the applicable Payment Processor, to charge your chosen Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR BILLING. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR INFORMATION CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY. 

14. Online Purchases and Return Policy; Acceptance

All purchases through our Website or other transactions for the sale of goods or services (collectively, the “Products”) through the Website shall be governed by these Terms of Use. All Products must be paid in full through an approved credit card before they will be delivered or provided to you. If applicable, shipping or other delivery costs will be included in the costs and paid by you. The cost of all Products shall include local and state taxes, as applicable. 

NO REFUNDS. ALL SALES ARE FINAL. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MONEY-BACK GUARANTEES MADE ON THE WEBSITE. 

BY RECEIVING THE SERVICES, RELATED WORK PRODUCT, OR PRODUCTS, YOU ACKNOWLEDGE AND AGREE THAT ACCEPTANCE IS AUTOMATICALLY DEEMED TO OCCUR UPON DELIVERY. THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES POST-ACCEPTANCE. THIS DISCLAIMER INCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT APPLICABLE BY LAW. 

15. Links from the Website

If the Website may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we do not endorse, sponsor, recommend or otherwise accept any responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Websites.

16. Confidentiality

You understands and acknowledges that, during of the course of our performance of any Services provided to you, you will have access to certain non-public information that is considered highly valuable and confidential by Company, including without limitation: information, trade secrets, discoveries, ideas, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, procedures, marketing plans and information, financial information, accounting, pricing, costs, business plans, and licensing arrangements and other materials related to the business operations and strategies, personnel or operations of Company, its affiliates, or its service providers or customers, in each case whether spoken, written, printed, electronic, or in any other form or medium; and other information that you knew, or reasonably should have known, was the Confidential Information of Company (collectively, the "Confidential Information"). 

You agree to: (a) treat all Confidential Information as strictly confidential; (b) not to disclose Confidential Information or permit it to be disclosed, in whole or part, to any third party aside from your agents without the prior written consent of Company in each instance; and (c) not to use any Confidential Information for any purpose except as required during performance of the Services. You shall notify us immediately in the event you become aware of any loss or disclosure of any Confidential Information. Upon our written request, you shall promptly return all documents and other materials received from us, including any Confidential Information. In addition to all other relief afforded under this Agreement, we shall be entitled to injunctive relief for any breach or threatened breach of this section.

Confidential Information shall not include information that: (i) is or becomes generally available to the public other than through your breach of these Terms of Use, (ii) is communicated to you by a third party that had no confidentiality obligations with respect to such information, or (iii) is independently developed by you without reference to Company's Confidential Information.

Nothing in these Terms of Use shall be construed as granting you any rights under any patent, copyright or other intellectual property right of Company, nor shall these Terms of Us grant you any rights in or to our Confidential Information.

We do not want to receive confidential or proprietary information from you through our Website. Any information or material sent to us will be deemed not to be confidential. By sending us any information or material, you grant us an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. Personally-identifiable information that you submit to us will be handled in accordance with our Privacy Policy.  

17. Third Party Advertising

Some of the information appearing on our Website may be delivered to you by our advertising partners. Information about your visit to a partner site, such as number of times you have viewed an ad is used to serve ads to you. All other information shall be shared in accordance with our Privacy Policy. 

18. Governing Law and Jurisdiction

These Terms of Use shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms of Use, the Privacy Policy, the Website, the Products or Services or any other document or legal notice or agreement found on the Website shall be finally resolved by arbitration conducted in the English language in New York, U.S.A. under the commercial arbitration rules of the American Arbitration Association. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. BY AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AND YOUR RIGHT TO HAVE A COURT HEAR CLAIMS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, AMONG OTHER WAIVERS OF RIGHTS SET FORTH HEREIN. Notwithstanding the foregoing, we shall be entitled to seek Equitable Relief in a court of law as set forth in these Terms of Use. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. In the event of any legal action (including arbitration) to enforce or interpret these Terms of Use, the non-prevailing party shall pay the reasonable attorneys’ fees and other reasonable costs and expenses (including expert witness fees) of the prevailing party.

19. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY FOR NON-INFRINGEMENT, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL COMPANY’S, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS’, EMPLOYEES’, AGENTS’, OFFICERS’, OR DIRECTORS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US $100.00) OR THE AMOUNTS PAID BY YOU TO COMPANY FOR THE PAST SIX MONTHS FOR THE SERVICES.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY THE COMPANY, ITS AFFILIATES AND ANY OF RESTLESS’ AND ITS AFFILIATES’ OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.

YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR ACCOUNT IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (I) THESE TERMS OF USE OR OUR ENFORCEMENT OR APPLICATION THEREOF; (II) ANY PRACTICE OR POLICY OF COMPANY INCLUDING THESE TERMS OF USE AND OUR PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (III) THE CONTENT AVAILABLE THROUGH THE APPLICATIONS OR ANY CHANGE IN CONTENT PROVIDED THROUGH THE APPLICATIONS THROUGH THE SERVICES; OR (IV) YOUR ABILITY TO ACCESS AND/OR USE OUR WEBSITE.

BY USING THE WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE WEBSITE.

21. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its and their affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your improper use of the Services; (ii) your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, Services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website; (iii) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other user of your account, of any intellectual property or other right of any person or entity, or (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.

22. Waiver and Severability

No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

23. Entire Agreement

The Terms of Use and the Privacy Policy, constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

24. No Partnership

You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms of Use or your access to and use of the Services.

25. Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent set forth in Section 9.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]