Last updated
April 25, 2024
AGREEMENT TO OUR LEGAL TERMS
We are
TINKERTREE LABS (OPC) PRIVATE LIMITED ( 'Company', 'we',
'us', or 'our' ) , a company registered in
India
at Pune , , India .
We operate the website
https://www.mockmock.pro/
(the
'Site' ) , as well as any other
related products and services that refer or link to these
legal terms (the 'Legal Terms' ) (collectively, the
'Services' ).
You can contact us by
email at vishwesh@mockmock.pro
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity
( 'you' ), and
TINKERTREE LABS (OPC) PRIVATE LIMITED , concerning your access to and use of the Services. You
agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal
Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Services 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
Legal Terms from time to
time . We will alert you about
any changes by updating the
'Last updated'
date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility
to periodically review these Legal Terms 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 Legal Terms by your continued use of the Services
after the date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services 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
Services 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 Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would
be subjected to such laws, you may not use the Services. You
may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the
'Content' ), as well as the trademarks, service marks, and logos
contained therein (the
'Marks' ).
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights
and unfair competition laws) and treaties in the United States
and around the world.
The Content and Marks are provided in or through the Services
'AS IS'
for your personal,
non-commercial use or internal business purpose
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including
the ' PROHIBITED ACTIVITIES '
section below, we grant you a non-exclusive, non-transferable,
revocable licence
to:
- access the Services; and
- 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 or internal business purpose .
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services 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.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in
our Legal Terms, please address your request to:
vishwesh@mockmock.pro . If we ever
grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify
us as the owners or licensors of the Services, Content, or
Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying
our Content.
We reserve all rights not expressly granted to you in and to
the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right
to use our Services will terminate immediately.
Your submissions
Please review this section and the
' PROHIBITED ACTIVITIES '
section carefully prior to using our Services to understand
the (a) rights you give us and (b) obligations you have when
you post or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other
information about the Services ( 'Submissions' ), you agree to
assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You are responsible for what you post or upload:
By sending us Submissions
through any part of the Services
you:
-
confirm that you have read and agree with our
' PROHIBITED ACTIVITIES ' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; -
to the extent permissible by applicable law, waive any and
all moral rights to any such Submission
; -
warrant that any such Submission
are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and -
warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible for your Submissions
and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section,
(b) any third party’s intellectual property rights, or (c)
applicable law.
By using the Services, 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 Legal Terms; (4) you are not a minor in the jurisdiction in which you
reside, or if a minor, you have received parental
permission to use the Services ; (5) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise;
(6) you will not use the Services for any illegal or
unauthorised
purpose; and (7) your use of the Services 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 Services (or any portion
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.
All purchases are non-refundable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase
and account information for all purchases made via the
Services. 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 US dollars .
You agree to pay all charges at the prices then in effect for
your purchases and any applicable shipping fees, and you
authorise
us to charge your chosen payment provider for any such amounts
upon placing your 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
Services. 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
judgement , appear to be placed by dealers, resellers, or
distributors.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose
other than that for which we make the Services available.
The Services may not be used in connection with any
commercial endeavours
except those that are specifically endorsed or approved by
us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
-
Engage in
unauthorised framing of or linking to the Services. - 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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- 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.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
-
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' ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
-
Except as may be the result of standard
search engine or Internet browser usage, use,
launch, develop, or distribute any automated
system, including without limitation, any
spider, robot, cheat utility, scraper, or
offline reader that accesses the Services, or
use or launch any
unauthorised script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
-
Make any
unauthorised use of the Services, 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 pretences . -
Use the Services as part of any effort to
compete with us or otherwise use the Services
and/or the Content for any revenue-generating
endeavour or commercial enterprise.
7. USER GENERATED CONTRIBUTIONS
- 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
licences , rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - 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 Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or
unauthorised 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,
libellous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- 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 violate any applicable 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 Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among
other things, termination or suspension of your rights
to use the Services.
8. CONTRIBUTION
LICENCE
You and Services agree that we may access, store, process,
and use any information and personal data that you
provide and your choices
(including settings).
By submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback
for any purpose without compensation to you.
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 Services. You are solely responsible
for your Contributions to the Services and you expressly agree
to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your
Contributions.
9. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the
Site ) 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
Services or any
Third-Party Content
posted on, available through, or installed from the Services,
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-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services 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 Legal
Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of
any website to which you navigate from the Services or relating
to any applications you use or install from the Services. 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 blameless from any harm caused by your
purchase of such products or services. Additionally, you shall
hold us blameless 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.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, 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 Services 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
Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. By using the Services,
you agree to be bound by our Privacy Policy posted on the
Services, which is incorporated into these Legal Terms. Please
be advised the Services are hosted in
India . 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 in
India , then through your
continued use of the Services, you are transferring your data to
India , and you expressly consent
to have your data transferred to and processed in
India .
12. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while
you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (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 LEGAL TERMS OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES 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.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents
of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to
update any information on our Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or
otherwise modify the Services 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 Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms
will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in
connection therewith.
14. GOVERNING LAW
These Legal Terms shall be governed by and defined following
the laws of India .
TINKERTREE LABS (OPC) PRIVATE LIMITED
and yourself irrevocably consent that the courts of
India
shall have exclusive jurisdiction to resolve any dispute which
may arise in connection with these Legal Terms.
15. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these
Legal Terms or the legal relationship established by these Legal
Terms to the jurisdiction of the
India courts.
TINKERTREE LABS (OPC) PRIVATE LIMITED
shall also maintain the right to bring proceedings as to the
substance of the matter in the courts of the country where you
reside or, if these Legal Terms are entered into in the course
of your trade or profession, the state of your principal place
of business.
16. 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.
17.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE 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 SERVICES
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 SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES 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
SERVICES, (3) ANY
UNAUTHORISED
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 SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES 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 SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, 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
JUDGEMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
18. 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.
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 AMOUNT PAID, IF ANY, BY YOU TO US . CERTAIN US STATE LAWS AND INTERNATIONAL 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.
19. 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) use of the
Services; (2) breach
of these Legal Terms; (3) any breach of your representations and warranties set forth
in these Legal Terms; (4) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume
the exclusive defence
and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense,
with our
defence
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.
20. 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.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, 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 Services,
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 SERVICES. 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.
22. 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.
23. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by
us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms 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 Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms 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 Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all
defences
you may have based on the electronic form of these Legal Terms
and the lack of signing by the parties hereto to execute these
Legal Terms.
24. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services,
please contact us at: