By accessing and placing an order with Connectter, you confirm that you are inagreement with and bound by the terms of service contained in the Terms &Conditions outlined below. These terms apply to the entire website and anyemail or other type of communication between you and Connectter.
Under no circumstances shall Connectter team be liable for any direct,indirect, special, incidental or consequential damages, including, but notlimited to, loss of data or profit, arising out of the use, or the inability touse, the materials on this site, even if Connectter team or an authorizedrepresentative has been advised of the possibility of such damages. If your useof materials from this site results in the need for servicing, repair orcorrection of equipment or data, you assume any costs thereof.
Connectter will not be responsible for any outcome that may occur during thecourse of usage of our resources. We reserve the rights to change prices and revisethe resources usage policy in any moment.
Connectter grants you a revocable, non-exclusive, non-transferable, limitedlicense to download, install and use the website/app strictly in accordancewith the terms of this Agreement.
These Terms & Conditions are a contract between you and Connectter(referred to in these Terms & Conditions as "Connectter","us", "we" or "our"), the provider of theConnectter website and the services accessible from the Connectter website(which are collectively referred to in these Terms & Conditions as the"Connectter Service").
You are agreeing to be bound by these Terms & Conditions. If you do notagree to these Terms & Conditions, please do not use the ConnectterService. In these Terms & Conditions, "you" refers both to you asan individual and to the entity you represent. If you violate any of theseTerms & Conditions, we reserve the right to cancel your account or blockaccess to your account without notice.
For this Terms & Conditions:
-Cookie: small amount of datagenerated by a website and saved by your web browser. It is used to identifyyour browser, provide analytics, remember information about you such as yourlanguage preference or login information.
-Company: when this policy mentions“Company,” “we,” “us,” or “our,” it refers to Connectter OU, (Harju maakondTallinn, Lasnamäe linnaosa Sepapaja tn 6, 15551. Estonia) that is responsiblefor your information under this Terms & Conditions.
-Country: where Connectter or theowners/founders of Connectter are based, in this case is Estonia
-Device: any internet connecteddevice such as a phone, tablet, computer or any other device that can be usedto visit Connectter and use the services.
-Service: refers to the serviceprovided by Connectter as described in the relative terms (if available) and onthis platform.
-Third-party service: refers toadvertisers, contest sponsors, promotional and marketing partners, and otherswho provide our content or whose products or services we think may interestyou.
-Website: Connectter."’s"site, which can be accessed via this URL: www.connectter.com
-You: a person or entity that isregistered with Connectter to use the Services.
You agree not to, and you will not permit others to:
-License, sell, rent, lease, assign,distribute, transmit, host, outsource, disclose or otherwise commerciallyexploit the website/app or make the platform available to any thirdparty.
-Modify, make derivative works of,disassemble, decrypt, reverse compile or reverse engineer any part of thewebsite/app.
-Remove, alter or obscure anyproprietary notice (including any notice of copyright or trademark) ofConnectter or its affiliates, partners, suppliers or the licensors of thewebsite/app.
Return and Refund Policy
Thanks for shopping at Connectter. We appreciate the fact that you like to buythe stuff we build. We also want to make sure you have a rewarding experiencewhile you’re exploring, evaluating, and purchasing our products.
If, for any reason, You are not completely satisfied with any good or servicethat we provide, don't hesitate to contact us and we will discuss any of theissues you are going through with our product.
Any feedback, comments, ideas, improvements or suggestions (collectively,"Suggestions") provided by you to Connectter with respect to thewebsite/app shall remain the sole and exclusive property of Connectter.
Connectter shall be free to use, copy, modify, publish, or redistribute theSuggestions for any purpose and in any way without any credit or anycompensation to you.
We've updated our Terms & Conditions to provide you with completetransparency into what is being set when you visit our site and how it's beingused. By using our website/app, registering an account, or making a purchase,you hereby consent to our Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services. The Services maycontain links to other websites not operated or controlled by Connectter. Weare not responsible for the content, accuracy or opinions expressed in suchwebsites, and such websites are not investigated, monitored or checked foraccuracy or completeness by us. Please remember that when you use a link to gofrom the Services to another website, our Terms & Conditions are no longerin effect. Your browsing and interaction on any other website, including thosethat have a link on our platform, is subject to that website’s own rules andpolicies. Such third parties may use their own cookies or other methods tocollect information about you.
Changes To Our Terms & Conditions
You acknowledge and agree that <?=Connectter;?> may stop (permanently ortemporarily) providing the Service (or any features within the Service) to youor to users generally at <?=Connectter;?>’s sole discretion, withoutprior notice to you. You may stop using the Service at any time. You do notneed to specifically inform <?=Connectter;?> when you stop using theService. You acknowledge and agree that if <?=Connectter;?> disablesaccess to your account, you may be prevented from accessing the Service, youraccount details or any files or other materials which is contained in youraccount.
If we decide to change our Terms & Conditions, we will post those changeson this page, and/or update the Terms & Conditions modification datebelow.
Modifications to Our website/app
Connectter reserves the right to modify, suspend or discontinue, temporarily orpermanently, the website/app or any service to which it connects, with orwithout notice and without liability to you.
Updates to Our website/app
Connectter may from time to time provide enhancements or improvements to thefeatures/ functionality of the website/app, which may include patches, bugfixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of thewebsite/app. You agree that Connectter has no obligation to (i) provide anyUpdates, or (ii) continue to provide or enable any particular features and/orfunctionalities of the website/app to you.
You further agree that all Updates will be (i) deemed to constitute an integralpart of the website/app, and (ii) subject to the terms and conditions of thisAgreement.
We may display, include or make available third-party content (including data,information, applications and other products services) or provide links tothird-party websites or services ("Third- Party Services").
You acknowledge and agree that Connectter shall not be responsible for anyThird-Party Services, including their accuracy, completeness, timeliness,validity, copyright compliance, legality, decency, quality or any other aspectthereof. Connectter does not assume and shall not have any liability orresponsibility to you or any other person or entity for any Third-PartyServices.
Third-Party Services and links thereto are provided solely as a convenience toyou and you access and use them entirely at your own risk and subject to suchthird parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you orConnectter.
Connectter may, in its sole discretion, at any time and for any or no reason,suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice fromConnectter, in the event that you fail to comply with any provision of thisAgreement. You may also terminate this Agreement by deleting the website/appand all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the website/appand delete all copies of the website/app from your computer.
Termination of this Agreement will not limit any of Connectter's rights orremedies at law or in equity in case of breach by you (during the term of thisAgreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material onour website/app constitutes an infringement on your copyright, please contactus setting forth the following information: (a) a physical or electronicsignature of the copyright owner or a person authorized to act on his behalf;(b) identification of the material that is claimed to be infringing; (c) yourcontact information, including your address, telephone number, and an email;(d) a statement by you that you have a good faith belief that use of thematerial is not authorized by the copyright owners; and (e) the a statementthat the information in the notification is accurate, and, under penalty ofperjury you are authorized to act on behalf of the owner.
You agree to indemnify and hold Connectter and its parents, subsidiaries,affiliates, officers, employees, agents, partners and licensors (if any)harmless from any claim or demand, including reasonable attorneys' fees, due toor arising out of your: (a) use of the website/app; (b) violation of thisAgreement or any law or regulation; or (c) violation of any right of a thirdparty.
The website/app is provided to you "AS IS" and "ASAVAILABLE" and with all faults and defects without warranty of any kind.To the maximum extent permitted under applicable law, Connectter, on its ownbehalf and on behalf of its affiliates and its and their respective licensorsand service providers, expressly disclaims all warranties, whether express, implied,statutory or otherwise, with respect to the website/app, including all impliedwarranties of merchantability, fitness for a particular purpose, title andnon-infringement, and warranties that may arise out of course of dealing,course of performance, usage or trade practice. Without limitation to theforegoing, Connectter provides no warranty or undertaking, and makes norepresentation of any kind that the website/app will meet your requirements,achieve any intended results, be compatible or work with any other software, ,systems or services, operate without interruption, meet any performance orreliability standards or be error free or that any errors or defects can orwill be corrected.
Without limiting the foregoing, neither Connectter nor any Connectter'sprovider makes any representation or warranty of any kind, express or implied:(i) as to the operation or availability of the website/app, or the information,content, and materials or products included thereon; (ii) that the website/appwill be uninterrupted or error-free; (iii) as to the accuracy, reliability, orcurrency of any information or content provided through the website/app; or(iv) that the website/app, its servers, the content, or e-mails sent from or onbehalf of Connectter are free of viruses, scripts, trojan horses, worms,malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on impliedwarranties or the limitations on the applicable statutory rights of a consumer,so some or all of the above exclusions and limitations may not apply toyou.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability ofConnectter and any of its suppliers under any provision of this Agreement andyour exclusive remedy for all of the foregoing shall be limited to the amountactually paid by you for the website/app.
To the maximum extent permitted by applicable law, in no event shall Connectteror its suppliers be liable for any special, incidental, indirect, orconsequential damages whatsoever (including, but not limited to, damages forloss of profits, for loss of data or other information, for businessinterruption, for personal injury, for loss of privacy arising out of or in anyway related to the use of or inability to use the website/app, third-partysoftware and/or third-party hardware used with the website/app, or otherwise inconnection with any provision of this Agreement), even if Connectter or anysupplier has been advised of the possibility of such damages and even if theremedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation ofincidental or consequential damages, so the above limitation or exclusion maynot apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, suchprovision will be changed and interpreted to accomplish the objectives of suchprovision to the greatest extent possible under applicable law and theremaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to requireperformance of an obligation under this Agreement shall not effect a party'sability to exercise such right or require such performance at any timethereafter nor shall be the waiver of a breach constitute waiver of anysubsequent breach.
No failure to exercise, and no delay in exercising, on the part of eitherparty, any right or any power under this Agreement shall operate as a waiver ofthat right or power. Nor shall any single or partial exercise of any right orpower under this Agreement preclude further exercise of that or any other rightgranted herein. In the event of a conflict between this Agreement and anyapplicable purchase or other terms, the terms of this Agreement shallgovern.
Amendments to this Agreement
Connectter reserves the right, at its sole discretion, to modify or replacethis Agreement at any time. If a revision is material we will provide at least30 days' notice prior to any new terms taking effect. What constitutes amaterial change will be determined at our sole discretion.
By continuing to access or use our website/app after any revisions becomeeffective, you agree to be bound by the revised terms. If you do not agree tothe new terms, you are no longer authorized to use Connectter.
The Agreement constitutes the entire agreement between you and Connectterregarding your use of the website/app and supersedes all prior andcontemporaneous written or oral agreements between you and Connectter.
You may be subject to additional terms and conditions that apply when you useor purchase other Connectter's services,which Connectter will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes tothese Terms so that they accurately reflect our Service and policies. Unlessotherwise required by law, we will notify you (for example, through ourService) before we make changes to these Terms and give you an opportunity toreview them before they go into effect. Then, if you continue to use theService, you will be bound by the updated Terms. If you do not want to agree tothese or any updated Terms, you can delete your account.
The website/app and its entire contents, features and functionality (includingbut not limited to all information, software, text, displays, images, video andaudio, and the design, selection and arrangement thereof), are owned byConnectter, its licensors or other providers of such material and are protectedby Estonia and international copyright, trademark, patent, trade secret andother intellectual property or proprietary rights laws. The material may not becopied, modified, reproduced, downloaded or distributed in any way, in whole orin part, without the express prior written permission of Connectter, unless andexcept as is expressly provided in these Terms & Conditions. Anyunauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTERELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENTOR VALIDITY OF YOUR OR Connectter."’s" INTELLECTUAL PROPERTY RIGHTS.The term “dispute” means any dispute, action, or other controversy between youand Connectter concerning the Services or this agreement, whether in contract,warranty, tort, statute, regulation, ordinance, or any other legal or equitablebasis. “Dispute” will be given the broadest possible meaning allowable underlaw.
Notice of Dispute
In the event of a dispute, you or Connectter must give the other a Notice ofDispute, which is a written statement that sets forth the name, address, andcontact information of the party giving it, the facts giving rise to thedispute, and the relief requested. You must send any Notice of Dispute viaemail to: firstname.lastname@example.org. Connectter will send any Notice of Disputeto you by mail to your address if we have it, or otherwise to your emailaddress. You and Connectter will attempt to resolve any dispute through informalnegotiation within sixty (60) days from the date the Notice of Dispute is sent.After sixty (60) days, you or Connectter may commence arbitration.
If you and Connectter don’t resolve any dispute by informal negotiation, any othereffort to resolve the dispute will be conducted exclusively by bindingarbitration as described in this section. You are giving up the right tolitigate (or participate in as a party or class member) all disputes in courtbefore a judge or jury. The dispute shall be settled by binding arbitration inaccordance with the commercial arbitration rules of the American ArbitrationAssociation. Either party may seek any interim or preliminary injunctive relieffrom any court of competent jurisdiction, as necessary to protect the party’srights or property pending the completion of arbitration. Any and all legal,accounting, and other costs, fees, and expenses incurred by the prevailingparty shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs,photographs, information, advertisements, data or proposals, including ideasfor new or improved products, services, features, technologies or promotions,you expressly agree that such submissions will automatically be treated asnon-confidential and non-proprietary and will become the sole property ofConnectter without any compensation or credit to you whatsoever. Connectter andits affiliates shall have no obligations with respect to such submissions orposts and may use the ideas contained in such submissions or posts for anypurposes in any medium in perpetuity, including, but not limited to,developing, manufacturing, and marketing products and services using suchideas.
Connectter may, from time to time, include contests, promotions, sweepstakes,or other activities (“Promotions”) that require you to submit material orinformation concerning yourself. Please note that all Promotions may begoverned by separate rules that may contain certain eligibility requirements,such as restrictions as to age and geographic location. You are responsible toread all Promotions rules to determine whether or not you are eligible toparticipate. If you enter any Promotion, you agree to abide by and to complywith all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services onor through the Services, which terms and conditions are made a part of thisAgreement by this reference.
In the event a product and/or service is listed at an incorrect price or withincorrect information due to typographical error, we shall have the right torefuse or cancel any orders placed for the product and/or service listed at theincorrect price. We shall have the right to refuse or cancel any such orderwhether or not the order has been confirmed and your credit card charged. Ifyour credit card has already been charged for the purchase and your order iscanceled, we shall immediately issue a credit to your credit card account orother payment account in the amount of the charge.
Connectter is not responsible for any content, code or any otherimprecision.
Connectter does not provide warranties or guarantees.
In no event shall Connectter be liable for any special, direct, indirect,consequential, or incidental damages or any damages whatsoever, whether in anaction of contract, negligence or other tort, arising out of or in connectionwith the use of the Service or the contents of the Service. Connectter reservesthe right to make additions, deletions, or modifications to the contents on theService at any time without prior notice.
The Connectter Service and its contents are provided "as is" and"as available" without any warranty or representations of any kind,whether express or implied. Connectter is a distributor and not a publisher ofthe content supplied by third parties; as such, Connectter exercises noeditorial control over such content and makes no warranty or representation asto the accuracy, reliability or currency of any information, content, serviceor merchandise provided through or accessible via the Connectter Service.Without limiting the foregoing, Connectter specifically disclaims allwarranties and representations in any content transmitted on or in connectionwith the Connectter Service or on sites that may appear as links on theConnectter Service, or in the products provided as a part of, or otherwise inconnection with, the Connectter Service, including without limitation anywarranties of merchantability, fitness for a particular purpose or non-infringementof third party rights. No oral advice or written information given byConnectter or any of its affiliates, employees, officers, directors, agents, orthe like will create a warranty. Price and availability information is subjectto change without notice. Without limiting the foregoing, Connectter does notwarrant that the Connectter Service will be uninterrupted, uncorrupted, timely,or error-free.
Updated at 2021-04-14
The Connectter website located at www.connectter.com is a copyrighted work belonging to Connectter OU. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
Access to the Site
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
User Content. "User Content" means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves 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. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, Connectter uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Sepapaja 6, Tallinn -Estonia. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Address: Sepapaja 6, Tallinn -Estonia