These Terms govern your access to and use of the Fabulous50s website (the “Site”), including any content, features, and services offered on or through the Site. Upon using the Site, you acknowledge that you have read, understood, and agreed to abide by these Terms.
If you do not agree with these Terms or our Privacy Policy, please do not access or use the Site. These Terms apply to all visitors, users, and others who access or use the Site.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Fabulous50s (“Company,” “we,” “us,” or “our”), concerning your access to and use of the fabulous50s.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. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. 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.
This Website provides information only, and does not provide any financial, legal, medical or psychological services or advice. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. The Company disclaims any liability for your reliance on any opinions or advice contained in this Website.
Consult your physician (or primary health-care provider) and follow all safety instructions before beginning any exercise program or nutrition plan, or using any supplement or meal replacement product, especially if you are pregnant, breastfeeding, have any medical condition, or are taking any medication. The contents of this Website are for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment. None of the content on this Website prevents, cures or treats any mental or medical condition.
The Company makes no guarantees whatsoever that you will achieve any results, including earnings or weight loss results, from the information provided on the Website or otherwise by the Company. Testimonials published by the Company are independent and genuine, but they do not represent a guarantee or warranty of similar results.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
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.
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 Australia, international copyright laws, 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.
By using the Site, you represent and warrant that:
(1) you have the legal capacity and agree to comply with these Terms of Use;
(2) you are not a minor in the jurisdiction in which you reside;
(3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(4) you will not use the Site for any illegal or unauthorized purpose; and
(5) 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).
You may choose 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.
We currently accept the following forms of payment:
We use third-party payment processors to transmit payments to us. You have the option to purchase or pay a fee on an ongoing basis to access some of our services or premium features (“Subscription”).
Should you choose to do so, you agree that (i) you are authorized to use the payment method provided; (ii) we may retain any payment information you provide to us, either via Site or via our third-party payment partner; (iii) you shall provide current, complete, and accurate payment and account information for all purchases made via the Site; (iv) we are authorized to charge you for the paid service using the payment method you present.
You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars. You agree to pay all charges or fees at the prices then in effect for your purchase, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
For Subscriptions or any other purchase that is subject to recurring charges, you consent to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until canceled in accordance with the “Subscription Cancellation” section below. The basis on which we charge you will be determined by your selected Subscription plan and renewal date (monthly, annually, or other renewal period).
Any downgrades in your subscription plan will come into effect on your renewal date. For annual subscriptions, we’ll send you a reminder of the then-current subscription fee at least 30 days, and at most 60 days, in advance of your automatic renewal, or as otherwise required by applicable law.
Some states and countries have mandatory laws regarding your cancellation rights, and this paragraph does not override those laws.
UNLESS YOU NOTIFY US OF YOUR DESIRE TO CANCEL YOUR SUBSCRIPTION (IN ACCORDANCE WITH THE “SUBSCRIPTION CANCELLATION” SECTION BELOW), YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE, AND YOU AUTHORIZE US TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD FOR THE AMOUNT OF YOUR SUBSCRIPTION FEE AND ANY APPLICABLE TAXES ON EACH PERIODIC RENEWAL DATE.
You are responsible for all applicable taxes, data plans, internet fees, and other fees associated with your use of the services.
Recurring Subscription Fee
By enrolling in the Academy, you agree to pay the recurring subscription fee based on the membership plan you choose (monthly, quarterly, semi-annual, or annual) at the current published rates and calculated from your start date.
Trial Period
The Ageless Academy Membership may offer, from time to time, a trial period for a reduced fee or the then-current trial period fee displayed to you at registration. The Ageless Academy Membership reserves the right to periodically change the trial period term and/or amount. After the end of the trial period, you agree to pay the Recurring Subscription Fee charged on the recurring frequency you select (monthly, quarterly, semi-annual, or annual) from the end of your trial. Only available for new Ageless Academy Membership Members only.
Enrollment and Cancellation
Beginning on your date of sign-up and first payment, you will receive access to the Program and its online materials for the term you selected (monthly, quarterly, semi-annual, or annual). You are automatically enrolled into the Ageless Academy Recurring Subscription.
After enrolling in the Membership Recurring Subscription Service, you will receive online access to the Program and Program materials.
You may cancel your account at any time inside of your account. If you need assistance, please reach out to [email protected]
Payment and Refunds
You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you may request an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment, otherwise, the Program will not continue and we reserve the right to terminate your access to the Program and all Content immediately and permanently.
If you fail to make payment in a timely manner in accordance with these T&C’s or voluntarily decide to withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you choose.
Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these T&C’s that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address.
Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We may also, from time to time, change the price for subscriptions.
We’ll give you advanced notice of such changes either via Site, or your contact information associated with your account, or both. Subject to applicable law, you accept the new price unless you cancel your subscription in accordance with the “Subscription Cancellation” section below.
All purchases are non-refundable. You can cancel your subscription at any time by going to the “Subscription” section of your Settings page. Your cancelation will take effect at the end of the current paid term, and you’ll continue to have access to premium features through the end of the current subscription period.
We may cancel any subscription you have purchased if you fail to pay the applicable subscription fees and any applicable taxes in full and in a timely manner according to these Terms. If your payment is not successful (for example, if your payment method expired or has insufficient funds), we may attempt to re-run your payment method.
We may try to provide you notice of the failed payment and the opportunity to make a valid, on time payment to us. In the event you fail to pay us, your subscription may be canceled or suspended. We may, in our sole discretion, choose not to cancel a subscription immediately for non-payment, in which case you will continue to be responsible for the fees due for the duration of the applicable subscription.
In addition, if you fail to pay for a subscription, we may suspend your rights to use that premium service or we may change the type of privileges you have to a non-paid version of the service. Your subscription may also be terminated, at our sole discretion, if you violate our Terms & Conditions or any other applicable policy. If your account is terminated, your subscription will be automatically canceled.
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:
The Site 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 in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
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.
You and the Site acknowledge that we may access, store, process, and utilize any information and personal data you provide, in accordance with the terms outlined in the Privacy Policy and your preferences (including settings). By submitting suggestions or feedback regarding the Site, you consent to our use and sharing of such feedback for any purpose without requiring compensation from you.
Furthermore, by posting your Contributions on any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant 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, but not limited to, your image and voice) for any purpose, whether commercial, advertising, or otherwise, and to create derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the aforementioned. The utilization and distribution may occur in any media formats and through any media channels.
This license extends to any form, media, or technology presently known or developed in the future, and includes our utilization of your name, company name, franchise name (if applicable), and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you confirm that moral rights have not been otherwise claimed in your Contributions.
We do not claim ownership of your Contributions. You maintain full ownership of all your Contributions and any associated intellectual property rights or other proprietary rights. We are not responsible for any statements or representations in your Contributions provided by you on any area of the Site. You bear sole responsibility for your Contributions to the Site and explicitly agree to release us from any and all liability and to refrain from taking any legal action against us concerning your Contributions.
We reserve the right, at our sole and absolute discretion: (1) to edit, redact, or otherwise modify any Contributions;
(2) to re-categorize any Contributions for placement in more suitable locations on the Site; and
(3) to pre-screen or delete any Contributions at any time and for any reason, without prior notice.
We are under no obligation to monitor your Contributions.
As part of the Site’s functionality, you have the option to connect your account with third-party service providers through online accounts you have with them (each referred to as a “Third-Party Account”).
This connection can be established by either:
(1) providing your login credentials for the Third-Party Account through the Site; or
(2) permitting us to access your Third-Party Account, in accordance with the terms and conditions governing your use of each Third-Party Account.
By doing so, you confirm that you are authorized to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without violating any terms and conditions associated with the Third-Party Account, and without obligating us to pay any fees or subjecting us to any usage restrictions imposed by the third-party service provider of the Third-Party Account.
By granting us access to your Third-Party Accounts, you acknowledge that
(1) we may access, retrieve, and store (if applicable) any content you have provided to and stored in your Third-Party Account (referred to as the “Social Network Content”), making it accessible on and through the Site via your account, including, but not limited to, friend lists; and
(2) we may exchange additional information with your Third-Party Account to the extent notified when linking your account with the Third-Party Account. Depending on the Third-Party Accounts chosen and subject to your privacy settings within those accounts, personally identifiable information you post on your Third-Party Accounts may be accessible through your account on the Site. Please be aware that if a Third-Party Account or its associated service becomes unavailable, or if our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be accessible through the Site. You retain the ability to disconnect your account on the Site from your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS SOLELY GOVERNED BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We do not review Social Network Content for accuracy, legality, or infringement, and we assume no responsibility for it. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely to identify and inform you of contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the information provided below or through your account settings (if applicable).
We will make efforts to delete any information obtained through such Third-Party Account from our servers, except for the username and profile picture associated with your account.
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 will become our exclusive property.
We shall possess all rights, including intellectual property rights, and have the unrestricted right to utilize and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without acknowledging or compensating you. You hereby waive all moral rights pertaining to any such Submissions, and you warrant that any Submissions provided by you are original or that you possess the necessary rights to submit them.
You agree not to hold us liable for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Certain parts of the Site, like sidebar and banner ads, are open to advertisers who want to show their ads and other information. As an advertiser, you are fully responsible for the content of any advertisements you place on the Site, as well as for any services or products offered through those advertisements.
Furthermore, you warrant and represent that you have all the necessary rights and authority to place advertisements on the Site, including intellectual property rights, publicity rights, and contractual rights.
We solely provide the space for placing such advertisements and do not have any other relationship with advertisers.
The Site may include links to other websites (“Third-Party Websites”) or provide access to articles, photographs, text, graphics, music, videos, applications, and other content from third parties (“Third-Party Content”). We do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content. 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 their content, accuracy, opinions, reliability, privacy practices, or other policies.
The inclusion of links to Third-Party Websites or the availability of Third-Party Content does not imply our approval or endorsement. If you choose to leave the Site and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and these Terms of Use no longer apply. You should review the terms and policies, including privacy practices, of any website you visit from the Site or related to any applications you use or install from the Site.
Any purchases made through Third-Party Websites are between you and the third-party website or company, and we are not responsible for such transactions. You agree that we do not endorse the products or services offered on Third-Party Websites, and you release us from any liability arising from your purchase of such products or services. Furthermore, you release us from any losses or harm resulting from or related to Third-Party Content or interactions with Third-Party Websites.
We retain the right, though not the obligation, to:
(1) monitor the Site to ensure compliance with these Terms of Use;
(2) take appropriate legal action against any individual who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such users to law enforcement authorities;
(3) at 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) at our sole discretion and without limitation, to remove from the Site or otherwise disable all files and content that are excessively large or otherwise burdensome to our systems; and
(5) otherwise manage the Site in a manner intended to safeguard our rights and property and promote the proper functioning of the Site.
We care about data privacy and security. Please review our Privacy Policy: fabulous50s.com/legal. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the Site is hosted in United States.
If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in United States, then through your continued use of the Site, you are transferring your data to United States, and you agree to have your data transferred to and processed in United States.
These Terms of Use will remain valid and enforceable for the duration of your use of the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RETAIN THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL, FOR ANY REASON OR WITHOUT A SPECIFIC REASON, INCLUDING BUT NOT LIMITED TO BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT STATED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR REMOVE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT PRIOR NOTICE, AT OUR SOLE DISCRETION.
In the event that we terminate or suspend your account for any reason, you are prohibited from re-registering and creating a new account using your own name, a fictitious name, or the name of any third party, regardless of whether you are acting on behalf of said third party.
In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, including but not limited to civil, criminal, and injunctive remedies.
These Terms shall be governed by and defined following the laws of Australia. Fabulous50s and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Binding Arbitration:
Any dispute, controversy, or claim arising out of or in connection with these Terms of Use, including any question regarding their existence, validity, or termination, shall be settled by arbitration in accordance with the laws of Australia. The arbitration shall be conducted by a single arbitrator appointed by mutual agreement between the parties or, failing such agreement within 30 days of the initiation of the arbitration, by an arbitrator appointed by the Australian Centre for International Commercial Arbitration in accordance with the applicable laws. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English.
The arbitration proceedings shall be conducted confidentially, and the arbitrator’s decision shall be final and binding on both parties. Each party shall bear its own costs associated with the arbitration, including legal fees, unless the arbitrator determines otherwise.
The parties hereby waive any right to pursue disputes arising from these Terms of Use through court proceedings, except to enforce or challenge the arbitration award. This arbitration clause shall survive the termination or expiration of these Terms of Use.
Restrictions:
The parties agree that any arbitration will be limited to disputes between them individually. To the fullest extent permitted by law, (a) no arbitration will be combined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to use class-action procedures; and (c) there is no right or authority for any dispute to be brought in a representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration:
The parties agree that certain disputes are not subject to the provisions regarding informal negotiations and binding arbitration. These include (a) disputes related to the enforcement, protection, or validity of any party’s intellectual property rights; (b) disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any part of this provision is found to be illegal or unenforceable, neither party will arbitrate any disputes falling within that portion. Instead, such disputes will be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
There may be instances where information on the Site contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We retain the right to rectify any such errors, inaccuracies, or omissions and to modify or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 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. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY, OR ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY PURCHASE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
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.
We will retain specific data that you send to the Site to ensure its proper performance, along with data regarding your Site usage. While we conduct routine backups of data, you are entirely accountable for all data you transmit or that pertains to any activity you engage in on the Site.
You acknowledge that we bear no responsibility to you for any loss or damage to such data, and you hereby relinquish any claims against us arising from such loss or damage to data.
By visiting the Site, sending us emails, and completing online forms, you engage in electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email or on the Site, fulfill any legal requirement for written communication.
YOU ALSO 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.
Furthermore, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which necessitate an original signature, or delivery or retention of non-electronic records, or payments or granting of credits by means other than electronic methods.
We reserve the right to change, modify, or delete the content of the Site at our sole discretion and without prior notice. However, we are not obligated to update any information on our Site. Additionally, we reserve the right to change, discontinue, or remove all or part of the Site without notice at any time. We shall not be held liable to you or any third party for any modifications, price adjustments, suspensions, or terminations of the Site.
We cannot guarantee continuous availability of the Site. Technical issues, maintenance activities, or other factors may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time and for any reason without notifying you. You agree that we bear no responsibility for any losses, damages, or inconvenience arising from your inability to access or utilize the Site during downtime or discontinuance.
These Terms of Use do not impose any obligation on us to maintain, support, or provide any corrections, updates, or releases related to the Site.
These Terms of Use, along with any policies or operating rules posted on the Site, constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Terms of Use does not waive that right or provision.
These Terms of Use are governed by applicable laws and operate to the fullest extent permitted by law. We reserve the right to assign any of our rights and obligations to others at any time.
We shall not be liable for any loss, damage, delay, or failure to act caused by events beyond our reasonable control. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, it will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.
These Terms of Use do not create any joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be construed against us solely because we drafted them.
Additionally, you waive any defenses based on the electronic form of these Terms of Use and the absence of signatures from the parties involved.
To address any complaints about the Site or to request additional information about its use, please reach out to us at [email protected]
Last Updated: April 5th, 2024
