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Terms of Use

Last Updated: 12/09/2020

These Terms of Use constitute a legally binding agreement between you personally or as a representative of a legal entity ("you") and Funestra Ltd. ("company", "we", or "our") regarding your access and use of our website, as well as any other media form, media channel, mobile website, or mobile application (collectively, the "Site"). By accessing the Site, you acknowledge, understand, and agree to these Terms of Use, and they become binding upon you. IF YOU DO NOT FULLY AGREE TO THESE TERMS OF USE, WE ADVISE YOU TO IMMEDIATELY CEASE USING OUR APPLICATION.

Our application connects our business partners as service providers and service users, making us intermediaries who are not responsible for the content of the business relationship between service providers and users.

Additional terms, conditions, or documents that may be published on the Site from time to time are expressly included herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the "Last Updated" date of these Terms of Use, without sending a separate notice for each such change. It is your responsibility to periodically review these Terms of Use to stay informed of any modifications. By continuing to use the Site after the revised Terms of Use are posted, you acknowledge and agree to the changes.

The information provided on the Site is not intended for distribution or use by any person or entity in any country or jurisdiction where such distribution or use would be contrary to law or regulations or would subject us to any registration requirements in such jurisdiction. Therefore, individuals 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 website is intended for use by individuals aged 18 or older. If you are under 18 years old, you are not permitted to use these pages.

INTELLECTUAL PROPERTY RIGHTS

The Site is our property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the "Content"), as well as trademarks, labels, and logos contained therein (the "Marks"), are either owned by us or licensed to us and are protected by copyright laws, trademark laws, and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and Marks available on the Site are "AS IS" and intended for personal use by users as service recipients and for business use by our partners as service providers. Except as expressly stated in these Terms of Use, no part of the Site or any 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 without our prior written permission.

Subject to your compliance with the terms of use, you are granted a limited license to access and use the Site, to download or print a copy of any portion of the Content to which you have properly gained access for the pre-defined 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. you have the legal capacity and agree to comply with these Terms of Use;
  2. you are not a minor under the laws of the country in which you reside;
  3. you will not access the Site through automated or non-human means, whether through a robot, 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, 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 on the Site. You agree to keep your password confidential and be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change the username you select if we determine it is inappropriate in terms of being contrary to law or regulations, infringing upon the rights and interests of others, violating public order and public morality, compromising public security, or if it is inappropriate in any other way.

FEES AND PAYMENT

We accept the following forms of payment:

  • SEPA Direct Debit
  • Visa
  • Mastercard
  • American Express
  • PayPal

You may need to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Furthermore, you 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. For subscription purchases, we charge your account through an online purchasing system. Value-added tax will be added to the purchase price. We may change prices at any time.

You agree to pay all charges or fees at the prices in effect at the time of your purchase and authorize us to charge your account for any renewals automatically.

We reserve the right to correct any errors in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

FREE TRIAL

We offer a 30-day free trial to new users who register on the Site. Your account will not be charged, and at the end of the free trial period, certain features of the Site will be suspended until your user account is upgraded to a paid version.

CANCELLATION

You may cancel your subscription at any time, and the cancellation will take effect at the end of the current paid period.

If you are not satisfied with our services, please send us a message at [email protected] or in writing to the contact information provided at the end of this document.

SOFTWARE

We may provide you with software for use in connection with our services. If such software is accompanied by an end-user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, we grant you a revocable, non-exclusive, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use. Any software and related documentation are provided "AS IS" without any warranties, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any risks associated with the use or operation of any software. You may not reproduce or distribute any software unless authorized by the EULA or these Terms of Use.

PROHIBITED ACTIVITIES

You must not access or use the website for any purpose other than the one for which we make the website available. The website must not be used for any undertaking, except those expressly approved by us.

As a user of the website, you agree that you will not:

  • Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Engage in any unauthorized use of the website, including collecting usernames or email addresses of users by electronic or other means or creating user accounts through automated means or under false pretenses.
  • Use the website for advertising or offering to sell goods and services.
  • Bypass, disable, or otherwise interfere with security features of the website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website or its content.
  • Engage in unauthorized linking to the website.
  • Misrepresent or deceive us and other users with the intent to obtain sensitive account information such as user passwords.
  • Maliciously use our support services or submit false reports of abuse or inappropriate behavior.
  • 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.
  • Interfere with or create an undue burden on the website or networks or services connected to the website.
  • Attempt to impersonate another user or person or use another user's username.
  • Sell or otherwise transfer your profile.
  • Use any data obtained from the website to harass, abuse, or harm another person.
  • Use the website as part of an effort to compete with us or otherwise use the website or its content for revenue-generating or commercial purposes.
  • Decrypt, decompile, disassemble, or reverse engineer any software that is part of the website in any way.
  • Attempt to bypass measures of the website designed to prevent or restrict access to the website or any portion of it.
  • Harass, threaten, or intimidate any of our employees or agents engaged in providing any part of the website.
  • Remove any copyright notice or other proprietary rights notice from any content.
  • Copy or adapt the website's software, including but not limited to Flash, PHP, HTML, JavaScript, TypeScript, or SQL or other programming code.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and unwanted messages (spam, continuous posting of repetitive text), that interferes with the normal use and operation of any user, modifies or disrupts the use, features, functions, operation, or maintenance of the website.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, graphical image format ("gifs"), 1x1 pixel, cookies, or other similar components (sometimes referred to as "spyware" or "passive collection mechanisms").
  • Use, launch, develop, or distribute any automated system, including, without limitation, any spider , bot , cheat utility, scraper , or offline reader that accesses the website or use or launch any unauthorized scripts or other software.
  • Disparage, tarnish, or otherwise harm us or the website.
  • Use the website in any manner that is not in compliance with any applicable laws or regulations.


USER CONTRIBUTIONS

The website may invite you to chat, participatein blogs, bulletin boards, internet forums and other functions, and we may provide you with the opportunity to create, send, publish, display, transmit, perform, distribute or broadcast content and materials on the site, including but not limited to text, recordings, videos, audio, photos, graphics, comments, suggestions or personal information or other material (collectively: 'Contributions'). Contributions can also be seen by other users of the Site through third-party websites. As such, any contribution you make may be treated in accordance with the Site PrivacyPolicy. When you create or make available any contribution, you thus declare and warrant that:

  1. The creation, distribution, transfer, public display or performance, as well as access, download, or the copying of your contributions do not harm and will not harm property rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the author or owner or have the necessary licenses, rights, consents, certificates and permissions to use and authorize us, the website and other users of the site to use your contributions in any way that the site and these Terms of Use foresee.
  3. You have the written consent or consent and permission of each individual person who can be identified in your contributions to use the name or likeness of each individual identifiable person to enable the publication and use of your contributions in any way considered by the Site and these Terms of Use.
  4. Your contributions are not false, inaccurate or wrong.
  5. Your contributions are not spam or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, bulk mail, or other marketing communication.
  6. Your contributions are not rude, inconsiderate, creepy, violent, disturbing, defamatory or otherwise undesirable (in our view).
  7. Your contributions are not mocking, belittling, humiliating, intimidating, or abusive towards anyone.
  8. Your contributions do not advocate the violent overthrow of any government or threaten to physically harm anyone.
  9. Your contributions do not violate any applicable law, regulation, or rule.
  10. Your contributions do not infringe upon any third party's privacy or promotion rights.
  11. Your contributions do not contain material requesting personal information from people under the age of 18 or exploit children under 18 in a sexual or violent manner.
  12. Your contributions do not violate any applicable child pornography laws or legislation otherwise intended to protect the health or well-being of minors.
  13. Your contributions do not include offensive comments related to race, national origin, gender, sexual orientation, mental, or physical disability.
  14. Your contributions do not otherwise infringe or link to materials that violate any provision of these Terms of Use or any applicable law or regulation.

Any use of the site that violates the above provisions also violates these Terms of Use and, among other things, may result in the termination or suspension of your rights to use the site.

Contribution License

You and the website agree that we may access, store, process, and use all data and personal information you provide in accordance with the provisions of the Privacy Policy and your choices (including settings).

We do not claim ownership of your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided on any area on the website. You are solely responsible for your Contributions to the website.

We have the right, in our sole and absolute discretion, to

  1. edit or otherwise modify any Contribution;
  2. recategorize any Contribution to place it in more appropriate locations on the website; and
  3. pre-screen or delete any Contribution at any time and for any reason, without prior notice.

We have no obligation to monitor your Contributions.

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website ('Contributions') that you provide 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 unrestricted use and dissemination of the Contributions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Contributions, and you warrant that any such Contributions are original to you or that you have the right to submit such Contributions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Contributions.

By posting your Contributions on any part of the website or by making Contributions accessible to the website by linking your website account to any of your accounts on social networking sites, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, fully paid-up, worldwide right and license to use, copy, reproduce, disclose, sell, resell, publish, broadcast, archive, store, publicly perform, publicly display, reformat, translate, transmit, create derivative works of, and distribute such Contributions (including, without limitation, your image and voice) in any media format and through any media channel.

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 warrant that moral rights have not otherwise been asserted in your Contributions.

Review Guidelines

We may provide you with areas on the website where you can leave reviews or ratings. When posting a review, you must adhere to the following criteria:

  1. You should have firsthand experience with the person/entity being reviewed;
  2. Your reviews should not contain violent, racist, offensive statements or attacks, or hate speech;
  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 draw any conclusions about the legality of behavior;
  7. You should not make any false or misleading statements; and
  8. You should not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have no obligation to review or delete reviews, even if anyone considers them inappropriate or inaccurate. We do not endorse reviews and they may not necessarily represent our opinions or views of any of our affiliated members or partners. We are not responsible or liable for any claims, obligations, or losses resulting from any reviews. By posting a review, you grant us a perpetual, non-exclusive, worldwide, fully paid, transferable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, or distribute your content relating to the reviews.

MOBILE APP LICENSE

License to Use

If you access the website through a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms of this mobile app license contained in these Terms of Use. You may not:

  1. decompile, reverse engineer, disassemble, attempt to derive the source code or decrypt the application;
  2. make any modifications, adaptations, improvements, enhancements, translations, or derivative works from the application;
  3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
  4. remove, alter, or obscure any proprietary notice (including any copyright or trademark notice) posted by us or the app provider;
  5. use the application for any purpose for which it is not designed or intended;
  6. use the application to create a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the application;
  7. use the application for sending automated queries to any website or sending any unsolicited commercial e-mail; or
  8. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any application, add-on, or device for use with the application.

Apple and Android Devices

The following terms apply when you use the website accessed through a mobile application obtained from the Apple Store or Google Play (each an 'App Distributor'):

  1. The license granted to you for our mobile application is limited to a non-transferable license to use the application on an Apple iOS or Android device, as applicable, and as permitted by the usage rules set forth in the applicable App Distributor's terms of service;
  2. We are solely responsible for providing any maintenance and support services with respect to the mobile application as required under the terms of this mobile app license contained in these Terms of Use or as otherwise required by applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  3. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the appropriate App Distributor,
  4. When using the mobile application, you must comply with any applicable third-party terms of agreement
  5. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile app license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile app license contained in these Terms of Use against you as a third-party beneficiary.


SOCIAL MEDIA

As part of the website's functionality, you can link your account to online accounts you have with third-party service providers (each such account, a 'third-party account') either by:

  1. providing your third-party account login information through the website; or
  2. allowing us to access your third-party account, as permitted under the applicable terms and conditions that govern your use of each third-party account.

You represent and warrant that you have the right to disclose your third-party account login information to us or grant us access to your third-party account, without breaching any of the terms that govern your use of the applicable third-party account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the third-party account. By granting us access to any third-party accounts, you understand that

  1. we may access, make available, and store (if applicable) any content that you have provided to and stored in your third-party account ('Social Media Content') so that it is available on and through the website via your account, including the full list of friends and
  2. any additional information that we may receive from your third-party account to the extent that you are informed when you connect your account with the third-party account.

Depending on the third-party accounts you choose and subject to the privacy settings you have set on such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the website. Please note that if a third-party account or associated service becomes unavailable or our access to such third-party account is terminated by the third-party service provider, Social Media Content will no longer be available on and through the website. You have the ability to disable the connection between the website and your third-party account at any time. Please note that your relationship with the third-party service provider is governed solely by your agreement(s) with such third-party service provider. We do not review any Social Media Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Media Content. 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 for purposes of identifying and informing you of those contacts who have also registered to use the website. You can disconnect the connection between the website and your third-party account by adjusting your account settings or by contacting us using the contact information below. We will delete any information stored on our servers that was obtained through such third-party account, except the username and profile picture that become associated with your account.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the website, such as sidebar advertisements or banner ads. If you are an advertiser, please note that you are solely responsible for any advertisements you create and any services provided on the website or products sold through those advertisements. Furthermore, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the website, including but not limited to intellectual property rights, advertising rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

PAGE MANAGEMENT

We manage the website in a manner that:

  1. monitors the website for violations of these Terms of Use;
  2. takes appropriate legal action against all who, in our sole discretion, violate 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, remove from the website 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 website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.


PRIVACY POLICY

We care about privacy and data security. Please review our privacy policy posted at: Privacy Policy By using the website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the equipment (servers) on which the website is hosted is located outside of Croatia, in one of the European Union member states (typically Germany or Ireland). If you access the website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the EU and Croatia, then through your continued use of the website, you are transferring your data to one of the EU member states, and you expressly consent to your data being transferred and processed in the EU. Our equipment is located in the Microsoft Azure data center in the Europe region.

INFRINGEMENTS OF COPYRIGHT

We respect the intellectual property rights of others. If you believe that any material available on or through the website infringes upon any copyright you own or control, please promptly notify us using the contact information below ('Notice'). A copy of your Notice will be sent to the person who posted or stored the material addressed in the Notice. Please be advised that, pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notice. Therefore, if you are not sure that material located on or linked to the website infringes your copyright, you should first contact legal counsel.

TERMS AND TERMINATION OF USE

These terms of use will remain in full force and effect during the use of the website. If you fail to comply with the provisions of these terms, without limiting any other provision of these terms of use, we reserve the right, at our discretion and without notice or liability, to terminate access and use of the site (including blocking certain IP addresses) for any person, for any reason, including, without limitation, the violation of any representation, warranty, or agreement in these terms of use or any applicable law or regulation.

If for any reason we terminate or block your account, you are prohibited from registering and creating a new account under your name, alias, false or borrowed name, or the name of any third party, even if you may be acting on behalf of a third party. In addition to the termination or suspension of your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal, and injunctive relief.

MODIFICATIONS AND INTERRUPTIONS OF SERVICE

We reserve the right to change, modify, or remove content from the website at any time if the maintenance of the website becomes particularly burdensome for us (e.g., maintaining the website is financially impractical). We will not be liable to you or any third party for any modifications, price changes, suspension, or discontinuance of the website.

We cannot guarantee that the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the website at any time or for any reason without prior notice. You agree that we shall not be liable for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website.

APPLICABLE LAW AND JURISDICTION AND DISPUTE RESOLUTION

The relationship between us, users, and partners is governed by the laws of the Republic of Croatia and the European Union, in addition to these Terms of Use.

In the event of any dispute arising from our business relationship (each a "dispute" and collectively, "disputes") that you or we initiate, the parties agree to first attempt to resolve the dispute amicably. Such informal negotiations shall begin with a written notice by one party to the other party.

If a dispute is not resolved amicably, you agree to the jurisdiction of the competent court in Zagreb for the purpose of legal proceedings.

CORRECTIONS

There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and various other data. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time without prior notice.

DISCLAIMER

The website is provided to you "as is" and "as available". You agree that the use of our services, website, and content is at your own risk. To the extent permitted by law, we disclaim all warranties, express or implied, regarding the website and your use of the website and services. We do not warrant the accuracy or completeness of the content on the website or linked pages and we are not responsible for any

  1. errors or inaccuracies in the content and materials,
  2. injury or damage to property of any kind resulting from your use of the website,
  3. unauthorized access or use of confidential information stored on our servers,
  4. interruptions in the operation of the website or the transmission of information,
  5. errors, viruses, trojan horses, worms, or similar malicious actions that may be transmitted to or through the website by third parties, and
  6. any errors or omissions in any content and materials, or for any loss or damage incurred as a result of the use of or inability to use any service or content posted, transmitted, or otherwise made available through the website or our services.


We do not endorse, approve, guarantee, or assume responsibility for any product or service advertised or offered through the website by third parties or for any links to pages or applications posted in promotional advertisements. As with any purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATION OF LIABILITY

In no event shall we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential damages, including lost profits, lost revenue, loss of data, or other damages resulting from your use of the website or our services, even if we have been advised of the possibility of such damages. All claims against us for any such damages shall be limited to the subscription fee for the period during which the damage occurred.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our affiliates and all of our officers, agents, partners, and employees, from and against any loss, damage, liability, or third-party claim, including reasonable attorney's fees and costs, arising from or related to:

  1. your use of the website;
  2. the violation of these Terms of Use by you,
  3. any breach of your representations and warranties stated in these Terms of Use;
  4. your violation of any third-party right, including, but not limited to, intellectual property rights; or
  5. any overt harmful act toward any other user of the website with whom you connected via the website.

Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims at your expense. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

USER DATA

We will retain certain data that you transmit to the website for the purpose of managing the performance of the website, as well as data related to your use of the website. While we regularly back up data, you are solely responsible for any data that you transmit or that is related to any activity you have undertaken using the website. You agree that we shall not be liable for any loss or destruction of such data and you waive any right to take action against us arising out of such loss or destruction of data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the website, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and records and to electronic delivery of notices, policies, transaction records, and receipts executed or provided by or through the website or our services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records or payments in any other manner except as electronically provided.

MISCELLANEOUS

These Terms of Use and any rules or operating rules that we post on the website or in connection with the website 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 are to the fullest extent permitted 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 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 shall be deemed severable from these Terms of Use and shall not affect the validity, enforceability, and the 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 the use of the website. You agree that these Terms of Use shall not be construed against us by virtue of our having drafted them. You waive any defenses that may be available based upon the electronic form of these Terms of Use and the lack of signature by the parties to execute these Terms of Use.

CONTACT US

To address your complaints regarding the website or to obtain additional information regarding the use of the website, please contact us at:

[email protected]

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