Terms of use - Personalfinances

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity

(“you”) and Personalfinances concerning your access to and use of the https://personalfinances.press/ 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

these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to

periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been

made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the

date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or

country where such distribution or use would be contrary to law or regulation or which would subject us to any

registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site

from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the

extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register

for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software,

website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks,

service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are

protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of

the United States, 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.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current,

and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as

necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the

jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through

a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site

will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or

terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all

use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we

determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products

available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will

be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the

actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be

in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to

change.

PURCHASES AND PAYMENT

We accept the following forms of payment:

– Visa

– Mastercard

– American Express

– Discover

– PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the

Site. 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. We may change prices at any time. All payments shall be in

__.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you

authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is

subject to recurring charges, then you consent to our charging your payment method on a recurring basis without

requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the

right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities

purchased per person, per household, or per order. These restrictions may include orders placed by or under the same

customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the

right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN/REFUNDS POLICY

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

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not

be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection,

compilation, database, or directory without written permission from us.

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or

other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false

pretenses.

Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or

restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained

therein.

Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as

user passwords.

Make improper use of our support services or submit false reports of abuse or misconduct.
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, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-

generating endeavor or commercial enterprise.

Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part

of the Site.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to

you.

Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive

use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted

use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,

operation, or maintenance of the Site.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information

collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,

web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or

“pcms”).

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other

functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish,

distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio,

photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites.

As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or

make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of

your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent,

trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and

to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and

these Terms of Use.

You have the written consent, release, and/or permission of each and every identifiable individual person in your

Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use

of your Contributions in any manner contemplated by the Site and these Terms of Use.

Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain

letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise

objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical

harm against another.

Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or

exploits people under the age of 18 in a sexual or violent manner.

Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to

protect the health or well-being of minors;

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual

preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or

any applicable law or regulation.

Any use of the Site or the Marketplace Offerings 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 and the Marketplace Offerings.

CONTRIBUTION LICENSE

By posting your Contributions to 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, and you represent and warrant that you

have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,

fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,

archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and

distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial,

advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and

grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through

any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your

name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos,

and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that

moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any

intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any

statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for

your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from

any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-

categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any

Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the

following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should

not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain

discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or

disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors

if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any

false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether

positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to

delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not

necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any

review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a

perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce,

modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service

providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information

through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and

conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose

your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by

you of any of the terms and conditions 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 (the “Social Network

Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2)

we may submit to and receive from your Third-Party Account additional information to the extent you are notified when

you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the

privacy settings that you have set in 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 Site. 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, then Social Network Content may no longer be available on and through the Site. You will have the ability to

disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT

YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS

GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review

any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and

we are not responsible for any Social Network 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 Site. You can

deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information

below or through your account settings (if applicable). We will attempt to 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.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding

the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole

property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted

use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or

compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such

Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no

recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your

Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party

Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information,

applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy,

appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the

Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy,

offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the

Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-

PartyContent does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-

Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these

practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we

take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third

party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and

you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall

hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any

Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar

advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements

you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an

advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site,

including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the

space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take

appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including

without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation,

refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions

or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or

otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5)

otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning

of the Site and the Marketplace Offerings.

We care about data privacy and security. Please review our Privacy Policy at our Privacy Policy webpage. By using the Site

or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Please be advised the Site and the Marketplace Offerings are hosted in __. If you access the Site or the

Marketplace Offerings 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 __, then through your continued use of the Site,

you are transferring your data to __, and you expressly consent to have your data transferred to and processed in

__.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION

OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,

DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP

ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF

ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR

REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR

DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN

OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account

under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third

party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action,

including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole

discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right

to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or

any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware,

software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or

errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the

Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever

for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings

during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be

construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections,

updates, or releases in connection therewith.

GOVERNING LAW

These terms shall be governed by and defined following the laws of __. Personalfinances and yourself irrevocably

consent that the courts of __ shall have exclusive jurisdiction to resolve any dispute which may arise in connection

with these terms.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a

“Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the

“Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below)

informally for at least __ days before initiating arbitration. Such informal negotiations commence upon written

notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or

termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European

Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of

referring to it, is considered as the part of this clause. The number of arbitrators shall be __. The seat, or legal

place, or arbitration shall be _. The language of the proceedings shall be _. The governing law of the

contract shall be substantive law of __.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The the full extent

permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any

Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for

any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations

binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual

property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or

unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither

Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and

such Dispute shall 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.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the

Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to

correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without

prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE

AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,

IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY

WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,

OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF

OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED

THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES,

TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)

ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED

AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE

DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION

FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE

FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS

WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE

YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY

DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST

PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED

HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT

ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR __. CERTAIN STATE LAWS

DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF

THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND

YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective

officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including

reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use

of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these

Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6)

any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the

foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you

are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use

reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon

becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well

as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for

all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no

liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from

any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to

receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we

provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO

ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA

THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in

any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or

the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of

Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,

Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire

agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms

of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible

by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for

any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a

provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision

is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining

provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a

result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue

of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms

of Use and the lack of signing by the parties hereto to execute these Terms of Use.

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

us at: