Terms Of Service

AGREEMENT TO OUR LEGAL TERMS

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PRODUCTS

6. PURCHASES AND PAYMENT

7. RETURN POLICY

8. PROHIBITED ACTIVITIES

9. USER GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENSE

11. GUIDELINES FOR REVIEWS

12. SOCIAL MEDIA

13. ADVERTISERS

14. SERVICES MANAGEMENT

15. PRIVACY POLICY

16. TERM AND TERMINATION

17. MODIFICATIONS AND INTERRUPTIONS

18. GOVERNING LAW

19. DISPUTE RESOLUTION

20. CORRECTIONS

21. DISCLAIMER

22. LIMITATIONS OF LIABILITY

23. INDEMNIFICATION

24. USER DATA

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

26. SMS TEXT MESSAGING

27. MISCELLANEOUS

28. CONTACT US

1. OUR SERVICES

The information provided through our Services is not intended for distribution or use by any person or entity in jurisdictions where such distribution or use would be illegal or require us to register within that jurisdiction. Therefore, individuals who access the Services from other locations do so at their own risk and are solely responsible for complying with local laws, if applicable.

2. INTELLECTUAL PROPERTY RIGHTS

We own or hold licenses for all intellectual property rights associated with our Services. This encompasses all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as “Content”), as well as trademarks, service marks, and logos (collectively referred to as “Marks”). These Content and Marks are protected by copyright, trademark laws, and other intellectual property and unfair competition laws, both in the United States and internationally. They are provided through our Services “AS IS” for your personal, non-commercial use or for internal business purposes only.

Your Use of Our Services

As long as you follow these Legal Terms, including the “PROHIBITED ACTIVITIES” section, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services
• Download or print copies of any content you’ve been authorized to access

As specified, no part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our prior written consent. If we do grant permission for any use beyond what is described, you must credit us as the owners or licensors and retain any copyright or proprietary notices.

We reserve all rights not expressly granted to you regarding the Services, Content, and Marks. Any breach of these intellectual property rights will be considered a serious violation of our Legal Terms and will result in the immediate termination of your right to use our Services..

Your Submissions and Contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully to understand (a) the rights you grant us and (b) your obligations when posting or uploading content through our Services.

Submissions:

When you send us any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), you agree to transfer all intellectual property rights in such Submissions to us. We will own these Submissions and can use them for any lawful purpose, commercial or otherwise, without acknowledging or compensating you.

Contributions:

Our Services may offer features such as blogs, message boards, forums, and other platforms where you can create, submit, post, or display content (“Contributions”). This content includes text, videos, audio, photos, music, graphics, comments, reviews, and personal information. Any publicly posted submissions will also be considered Contributions.

By posting Contributions, you grant us a broad, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, reproduce, distribute, publish, broadcast, and otherwise exploit your Contributions (including your image, name, and voice) for any purpose, including commercial and advertising. This license also includes the use of your name, company name, trademarks, and personal images.

Your Responsibilities:

You are responsible for the content you post or upload. By sending Submissions or posting Contributions, you:

• Confirm that you have read and agree to our “PROHIBITED ACTIVITIES” and will not post any content that is illegal, hateful, defamatory, obscene, discriminatory, or otherwise unacceptable;
• Waive any moral rights to such Submissions or Contributions where permitted by law;
• Warrant that your Submissions and Contributions are original or that you have the necessary rights and licenses to grant us the above rights;
• Warrant that your Submissions and Contributions are not confidential.

You are solely responsible for your Submissions and Contributions and agree to indemnify us for any losses resulting from breaches of these terms, third-party rights, or applicable laws. We reserve the right to remove or edit your Content at our discretion and may suspend or disable your account and report you to authorities if necessary.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you provide is true, accurate, current, and complete; (2) you will keep this information accurate and promptly update it as needed; (3) you have the legal capacity to agree to these Legal Terms and will comply with them; (4) you are not a minor in your jurisdiction or, if you are a minor, you have obtained parental permission to use the Services; (5) you will not access the Services through automated or non-human means, such as bots or scripts; (6) you will not use the Services for any illegal or unauthorized purposes; and (7) your use of the Services will not violate any applicable laws or regulations.

If you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future use of the Services (or any part thereof).

4. USER REGISTRATION

You may be required to register to use the Services. 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.

5. PRODUCTS

We strive to accurately display the colors, features, specifications, and details of the products available through our Services. However, we cannot guarantee that these attributes will be accurate, complete, reliable, current, or error-free, and your electronic display may not fully reflect the actual colors and details of the products. All products are subject to availability, and we cannot ensure that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Additionally, prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following payment methods:

• Visa
• American Express
• PayPal
• Mastercard

You agree to provide up-to-date, complete, and accurate information for all transactions made through the Services. You also agree to promptly update your account and payment details, including your email address, payment method, and card expiration date, to ensure smooth processing of your transactions and communication. Sales tax will be applied as required, and prices may be adjusted at any time. All payments must be made in US dollars.

You agree to pay all applicable charges at the prevailing prices, including any shipping fees. By placing an order, you authorize us to charge your selected payment method for these amounts. We reserve the right to correct any pricing errors, even if payment has already been processed.

We may refuse any order placed through the Services at our discretion and reserve the right to limit or cancel quantities purchased per person, household, or order. This may include orders from the same customer account, payment method, or billing and shipping address. We may also restrict orders that appear to be made by dealers, resellers, or distributors at our discretion.

7. RETURN POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

8. PROHIBITED ACTIVITIES

You may only use the Services for their intended purpose as provided by us and not for any commercial activities unless explicitly authorized. As a user, you agree not to:

1. Data Extraction: Systematically extract data or content to create collections, databases, or directories without our written permission.
2. Deception: Deceive, defraud, or mislead us or other users to obtain sensitive information like passwords.
3. Security Interference: Bypass, disable, or interfere with security features of the Services, including those that restrict content usage or enforce service limitations.
4. Reputation Damage: Disparage, damage, or harm our reputation or the Services.
5. Harassment: Use information from the Services to harass, abuse, or harm others.
6. Support Misuse: Misuse our support services or make false abuse or misconduct reports.
7. Legal Violations: Use the Services in violation of applicable laws or regulations.
8. Unauthorized Framing/Linking: Engage in unauthorized framing or linking to the Services.
9. Harmful Materials: Upload or transmit viruses, Trojan horses, or harmful materials, including excessive capital letters and spamming, that disrupt the Services.
10. Automated Systems: Use automated systems like scripts, data mining tools, or robots to interact with the Services.
11. Copyright Infringement: Remove copyright or proprietary rights notices from any content.
12. Impersonation: Impersonate another user or use someone else’s username.
13. Passive Information Collection: Upload or transmit materials that passively collect information, such as gifs, web bugs, or cookies.
14. Service Disruption: Interfere with or create undue burden on the Services or connected networks.
15. Harassment of Employees: Harass or threaten our employees or agents.
16. Access Restriction Bypass: Attempt to bypass access restrictions or preventive measures.
17. Software Tampering: Copy, adapt, or reverse-engineer any software related to the Services.
18. Unauthorized Automation: Use or distribute unauthorized automated systems or scripts to access the Services.
19. Buying Agents: Use buying or purchasing agents for transactions on the Services.
20. Email Harvesting: Collect usernames or email addresses for unsolicited emails or create accounts using automated methods or false pretenses.
21. Competition: Compete with us or use the Services and content for revenue-generating purposes.
22. Unauthorized Advertising: Advertise or offer goods and services for sale on the Services.
23. Profile Transfer: Sell or transfer your profile to others.

By adhering to these guidelines, you help maintain a safe and respectful environment for all users of the Services. Violations of these terms may result in the suspension or termination of your account and access to our Services.

9. USER GENERATED CONTRIBUTIONS

The Services may allow you to participate in activities such as chatting, contributing to blogs, message boards, online forums, and other features, involving various types of content and materials including text, videos, audio, photos, graphics, comments, and personal information (collectively referred to as “Contributions”). These Contributions may be visible to other users and potentially to third-party sites, so they should be considered non-confidential and non-proprietary.

By creating or sharing Contributions, you represent and warrant that:

1. Non-Infringement: Your Contributions do not infringe on any third-party rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
2. Ownership and Permissions: You either own the Contributions or have the necessary licenses, rights, consents, releases, and permissions for us and other users to use them as outlined in the Services and these Legal Terms.
3. Consent from Individuals: You have obtained written consent from any identifiable individuals in your Contributions to use their name or likeness.
4. Accuracy: Your Contributions are accurate and not misleading.
5. No Unsolicited Ads: Your Contributions are not unsolicited ads, promotional content, pyramid schemes, chain letters, spam, or other forms of solicitation.
6. Objectionable Content: Your Contributions are not obscene, lewd, violent, harassing, defamatory, or otherwise objectionable as determined by us.
7. Respectful Behavior: Your Contributions do not mock, disparage, intimidate, or abuse anyone.
8. Non-Violent: Your Contributions do not harass, threaten, or promote violence against any person or group.
9. Legal Compliance: Your Contributions comply with all applicable laws, regulations, and rules.
10. Privacy and Publicity: Your Contributions do not infringe on anyone’s privacy or publicity rights.
11. No Illegal Content: Your Contributions do not contain illegal content or harm minors.
12. No Offensive Comments: Your Contributions do not contain offensive comments related to race, national origin, gender, sexual orientation, or disability.
13. Adherence to Legal Terms: Your Contributions do not violate these Legal Terms or any applicable laws or regulations.

Failure to comply with these guidelines may result in the termination or suspension of your access to the Services.

10. CONTRIBUTION LICENSE

By posting Contributions to any part of the Services or linking your account to social networking accounts, you automatically grant us, and affirm that you have the right to grant us, a broad, unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license. This license allows us to host, use, copy, reproduce, disclose, sell, publish, broadcast, archive, store, cache, publicly perform, display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions (including your image and voice) for any purpose, including commercial and advertising. We may also create derivative works from your Contributions or incorporate them into other works and grant sublicenses for these uses. This license applies to all current and future media formats and technologies and includes the use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and images you provide. You waive any moral rights in your Contributions and confirm that no moral rights have been asserted.

While you retain full ownership of your Contributions and associated intellectual property rights, we are not responsible for any statements or representations made in your Contributions. You are solely responsible for your Contributions and agree to hold us harmless from any legal claims related to them.

We reserve the right, at our sole discretion, to edit, redact, or modify Contributions, re-categorize them, or pre-screen and delete them at any time and for any reason, without notice. We are not obligated to monitor Contributions.

11. GUIDELINES FOR REVIEWS

We may provide sections on the Services for leaving reviews or ratings. When posting a review, please follow these guidelines: (1) ensure you have direct experience with the individual or entity being reviewed; (2) avoid using offensive profanity, abusive, racist, or hateful language; (3) refrain from making discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) do not reference illegal activities; (5) avoid posting negative reviews if you are affiliated with competitors; (6) do not judge the legality of conduct; (7) do not include false or misleading statements; and (8) do not organize campaigns to encourage others to post reviews, whether positive or negative.

We reserve the right to accept, reject, or remove reviews at our discretion and are not obligated to screen or delete reviews, even if they are deemed objectionable or inaccurate. Reviews do not reflect our views or those of our affiliates or partners, and we are not liable for any review or related claims, liabilities, or losses. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and distribute all content related to the review.

12. SOCIAL MEDIA

As part of the Services, you can link your account to third-party service accounts (“Third-Party Accounts”) by either: (1) entering your Third-Party Account login details through the Services, or (2) granting us access to your Third-Party Account in accordance with the terms of use of each Third-Party Account. You confirm that you have the right to share your Third-Party Account login information with us and/or grant us access to your Third-Party Account without violating any terms or incurring additional fees or usage restrictions imposed by the third-party provider.

By linking your Third-Party Accounts, you acknowledge that:

1. Access and Display: We may access, display, and store (if applicable) any content from your Third-Party Account (the “Social Network Content”) on the Services, including friend lists.
2. Information Exchange: We may exchange additional information with your Third-Party Account as notified when you link the accounts. Depending on your Third-Party Accounts and their privacy settings, personal information from these accounts may be visible on the Services.

Please note that if a Third-Party Account or its service becomes unavailable or access is terminated by the provider, Social Network Content may no longer be accessible on the Services.

You can disconnect your account from Third-Party Accounts at any time. Your relationship with third-party service providers is governed solely by your agreements with them. We do not review Social Network Content for accuracy, legality, or non-infringement and are not responsible for it.

Access to Contacts

You agree that we may access your email address book associated with a Third-Party Account and your mobile device’s contacts list to identify and notify you of contacts who also use the Services. You can deactivate this connection by contacting us directly or through your account settings. We will make efforts to delete any information obtained from the Third-Party Account from our servers, except for the username and profile picture associated with your account.

13. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

14. SERVICES MANAGEMENT

We reserve the right, but are not obligated, to: (1) monitor the Services for any violations of these Legal Terms; (2) take appropriate legal action against anyone who, at our sole discretion, violates the law or these Legal Terms, including reporting such users to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or parts thereof; (4) remove or disable files and content from the Services that are excessively large or burdensome to our systems, at our sole discretion and without notice or liability; and (5) manage the Services in a way that protects our rights and property and ensures the proper functioning of the Services.

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy.By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws, then through your continued use of the Services, you are transferring your data, and you expressly consent to have your data transferred to and processed

16. TERM AND TERMINATION

These Legal Terms will remain in effect while you use the Services. We reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any individual for any reason, or no reason, including but not limited to breaches of these Legal Terms or any applicable laws or regulations. We may terminate your use or participation in the Services, or delete your account and any posted content, at any time, without warning.

 If we terminate or suspend your account, you are prohibited from registering or creating a new account under your name, a false name, or the name of any third party, even if acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time and for any reason, at our sole discretion and without notice. We are not obligated to update any information on the Services. Additionally, we may modify or discontinue all or part of the Services without prior notice. We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuances of the Services.

We cannot guarantee that the Services will be available at all times. Hardware, software, or other issues may occur, or maintenance may be required, leading to interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, or discontinue the Services at any time and for any reason without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain, support, or provide corrections, updates, or releases related to the Services.

18. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Kyle William Ryberg LLC and yourself irrevocably consent that the courts shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

19. DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising from or related to these Legal Terms, including questions regarding their existence, validity, or termination, shall be resolved through arbitration by the International Commercial Arbitration Court under the European Arbitration Chamber (Brussels, Avenue Louise, 146) according to its Rules. The seat of arbitration shall be in the designated location, and the proceedings will be conducted in the agreed language. The governing law of these Legal Terms will be the substantive law specified.

Restrictions

Arbitration will be limited to disputes between the parties individually. To the fullest extent allowed by law: (a) no arbitration will be combined with other proceedings; (b) disputes cannot be arbitrated on a class-action basis or use class action procedures; and (c) disputes cannot be brought in a representative capacity on behalf of the public or others.

Exceptions to Arbitration

The following disputes are not subject to arbitration: (a) disputes related to intellectual property rights; (b) disputes concerning theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any part of this provision is deemed illegal or unenforceable, that part will be decided by a competent court as specified above, and the parties agree to submit to the court’s jurisdiction.

20. CORRECTIONS

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

21. DISCLAIMER

Disclaimer of Warranties

The Services are provided on an “as-is” and “as-available” basis. You agree to use the Services at your own risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy or completeness of the content on the Services or any linked websites or mobile applications and will not be liable for any:

1. Errors, mistakes, or inaccuracies in content.
2. Personal injury or property damage resulting from your use of the Services.
3. Unauthorized access to or use of our secure servers and any personal or financial information stored therein.
4. Interruption or disruption of service transmissions to or from the Services.
5. Bugs, viruses, Trojan horses, or similar issues transmitted through the Services by third parties.
6. Errors or omissions in content or materials, or any loss or damage resulting from the use of content provided through the Services.

We do not warrant or endorse any products or services advertised or offered by third parties through the Services or linked sites and are not responsible for any transactions between you and third-party providers. Exercise caution and use your best judgment in any purchase or transaction.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising from or related to: (1) your Contributions; (2) your use of the Services; (3) any breach of these Legal Terms; (4) any breach of your representations and warranties under these Legal Terms; (5) your violation of third-party rights, including intellectual property rights; or (6) any harmful act towards another user of the Services whom you connected with via the Services.

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

24. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Services, sending us emails, and completing online forms, you are engaging in electronic communications. You consent to receive these electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or through the Services, meet any legal requirements for written communication.

You agree to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and transaction records initiated or completed through the Services. You also waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require original signatures or the delivery or retention of non-electronic records, or that mandate payments or credits be granted by means other than electronic methods.

26. SMS TEXT MESSAGING

**Opting Out** 

To stop receiving SMS messages from us, reply to any text with “STOP.” You may receive a confirmation SMS indicating that you have opted out.

**Message and Data Rates** 

Please note that standard message and data rates may apply to SMS messages sent or received. These rates are determined by your carrier and the details of your mobile plan.

**Support** 

For questions or assistance regarding our SMS communications, please email us at [email protected].

27. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted by us on or related to the Services, represent the entire agreement between you and us. Our failure to exercise or enforce any right or provision under these Legal Terms does not constitute a waiver of that right or provision. These Legal Terms are enforceable to the fullest extent permitted by law. We may assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act due to circumstances beyond our reasonable control.

If any part of these Legal Terms is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Legal Terms or your use of the Services. These Legal Terms will not be construed against us as the drafter. You waive any defenses based on the electronic form of these Legal Terms or the absence of signatures by the parties.

28. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us