TABLE OF CONTENTS
These Terms of Service Asiaimportal (HK) Limited ComplianceGate ComplianceGate http://www.compliancegate.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).Hong Kong 14/F, China Hong Kong Tower, 8 Hennessy Rd, Wan Chai Hong Kong SAR (China) . Terms of Service TERMS OF SERVICE
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 Terms of Service Terms of Service Terms of Service Terms of Service
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 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 this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
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 Service
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.
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; Terms of Service
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).
As part of our services, we offer a software (hereby known as the “Compliance Gate Platform”). This platform enables registered users to view product safety requirements in the USA and EU, create compliance requirements lists, create product certificates, create product labels, book lab testing services, and request online support.
The content in the Compliance Gate Platform and documents generated through said software are provided for general information purposes only and do not constitute legal advice. You understand and agree that we can not guarantee complete coverage of every single relevant regulation, standard, and requirement that may apply to a certain product or scenario, or that the information provided is free from errors or is covering every single rule, option, exemption or other information that may be applicable to a certain product or scenario. We do not claim to cover regulations/requirements in their entirety. Additionally, you acknowledge and agree that we cannot guarantee that all information presented on said software and generated documents are up to date. It is your responsibility to exercise good business judgment and, if necessary, seek further legal advice. We may from time to time refer to third-party websites and provide third-party website links, please observe clause 15 as it relates to such content.
You understand and agree that we can not guarantee that the Compliance Gate Platform will not malfunction as a result of extenuating circumstances such as programming bugs, hacking or other software interfering with the compliance requirements lists. We test the platform on a monthly basis but are under no obligation to strictly do so. Please observe the disclaimer in clause 10 as it relates to the software(s) offered on the Site. Additionally, you understand and agree that technical problems when saving or downloading documents generated using the templates are due to extenuating circumstances like software bugs or internet connectivity issues. It is your responsibility to review the downloaded documents and ultimately confirm that it is accurate. You understand and agree that we can not guarantee that the templates used to generate documents are free from mistakes and are up to date, or that they are relevant to your specific product or scenario. We will assume no liability or responsibility for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available throughout the course of delivering the service. You are required to read the entirety of the Terms of Service as they relate to this service.
AI Tool
1. Copyright: Compliancegate does not and will not claim copyright over content generated by the AI tool for users (‘user generated content’).
The information generated from the AI tool is for the user’s personal use only. The user must not disseminate or distribute said information in breach of any applicable law or third party’s intellectual property rights or other rights.
Compliancegate shall have no liability to the user with respect to the user generated content, including, without limitation, liability with respect to any copyright infringement claim or another infringement claim by a third party in relation to or in connection with user generated content.
2. User responsibility: The user is responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of the AI tool. We will assume no liability or responsibility for any loss or damage of any kind incurred as a result of using the AI tool.
The user acknowledges that the AI tool uses machine learning models that generate predictions based on patterns in data. Output generated by machine learning models is probabilistic and should be evaluated for accuracy on a case by case basis, including by employing human review of such output.
3. User Data: We do not collect the user’s information used when operating the AI tool and do not collect user generated content. Please review our Privacy Policy for more information: https://www.compliancegate.com/privacy-policy.
We use third party services (‘AI software providers’) that are not owned or controlled by us and who can collect personal data from the user of the AI tool. We are not responsible for the privacy practices or the content of such Third Party Services.
Accordingly, the user should refrain from inputting user prompts that contain sensitive data, such as personal information and intellectual property. Additionally, the user is encouraged to read the terms and conditions and privacy policies of the AI software provider here:
https://www.oneai.com/privacy-policy
4. Data Storage: The user acknowledges that the AI tool does not operate as an archive or file storage service. The user is solely responsible for the backup of generated content and other safeguards appropriate for the user’s needs.
5. Other information
1. Output generated by the AI tool does not constitute legal advice.
2. Users are required to read White Paper to better understand the functionality and limitations of the AI tool before use.
3. The user warrants, represents and covenants that the user owns or has a valid and enforceable license and all the necessary rights to use, submit or transmit all user content and use the AI tool; and that no user content or user generated content infringes, misappropriates or violates or will infringe, misappropriate or violate, the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction.
4. 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 legal fees and expenses, made by any third party due to or arising out of: your use of, or inability to use, the AI tool (ii) your violation of this agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) a third party claim relating to or in connection with the user’s content and/or the user generated content (including but not limited to a claim for copyright infringement or related to intellectual property or proprietary rights). You must read clause 27 as it relates to indemnification and read the entirety of the Terms of Service.
Usage Rights
The software, the Compliance Gate Platform, may be accessed by the User registrant who has agreed to one of our paid-subscription plans. Depending on which plan you opt for, you would be entitled to different usage rights which dictate who has access to the Compliance Gate Platform and the documents generated from such said software. The “Self-managed”, “Startup”, and “Business” paid-subscription plans only entitle you to access the Compliance Gate Platform and to use the documents generated for yourself or the entity that you represent. You must not sublicense or grant third parties to gain access to the Compliance Gate Platform or its generated documents. You understand and agree that failing to restrict access to the authorized user would constitute a breach of these Terms of Service and that we may immediately suspend or terminate your account. In such a scenario, we reserve the right to take legal action against you or the entity you represent.
The “Enterprise” paid-subscription plan entitles you to access the Compliance Gate Platform and its generated documents for yourself or the entity that you represent and on behalf of your third parties such as your customers. For instance, you may use the Compliance Gate Platform to support paid consulting work or support requests from your clients. However, you must not sell the individual requirement lists, the individual certificates or certificate templates, label files or label templates, or the account access to third parties. You understand and agree that if you fail to adhere to said prohibitions that it would constitute a breach of these Terms of Service and that we may immediately suspend or terminate your account. In such a scenario, we reserve the right to take legal action against you or the entity you represent.
If you have the “Enterprise” paid-subscription plan, it is important that you inform your customers that our requirements list does not serve as a guarantee that all applicable regulations, directives, and rules are covered for a certain product or their scenario. You must read clause 24 as it relates to indemnification and read the entirety of the Terms of Service.
Supplier Screening and Report
As part of our Services, you may request us to screen third parties such as suppliers. In performing the screening of a third party, you understand and agree that a supplier may provide incomplete, false, misleading, incorrect, or outdated information and that we are never to be held responsible or liable for the information provided by the supplier.
You understand and agree that our presentation of prospective supplier(s) does not constitute an approval of said presented supplier(s). You understand and agree that we only provide an opinion about the documents and information you shared with us and that it does not constitute or replace legal advice. In choosing a supplier, you must not solely rely only on the supplier report, risk level assessment, and any other information presented by us. Regardless of the supplier report, you understand that it is your responsibility to at all times implement a strict quality assurance procedure and follow all product safety and compliance requirements in the target market for which we are never responsible.
In engaging the elected supplier, you are solely responsible for taking the precautions necessary to protect yourself against fraud when using third-party services. We disclaim any and all liability for any losses or damage as a result of engaging any third party, their affiliates, or any of their sources, and you hereby irrevocably waive any claim against us with respect to the content or operation of any third party services. We will assume no liability or responsibility for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available throughout the course of delivering the service. You are required to read the entirety of the Terms of Service as they relate to this service.
Consulting Services
As part of our services, we include consultancy services that are client specific. This may involve researching legislative instruments, product safety standards, and other requirements and presenting our opinion of what would be relevant to the client’s case in a report that is delivered to the client. You understand and agree that our provision of such content in the course of delivering the service does not constitute legal advice and is only provided to you for informational purposes. You acknowledge and agree that we provide such information on an “as is” basis without any warranty to the accuracy or suitability for a specific purpose. You also understand and agree that we may not cover every single aspect of the legislative instruments we present in the course of delivering the service. We will assume no liability or responsibility for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available throughout the course of delivering the service. It is your ultimate responsibility to draw up your own conclusions. 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. You are required to read the entirety of the Terms of Service as they relate to this service.
Training Platform Instructions
As part of our services, we provide onboard training through online video conferencing platforms such as Google Meets for users of the Compliance Gate Platform. During said training session, we may answer questions relating to product compliance generally, product certification, labeling, and lab testing procedures. You understand and agree that our provision of such content in the course of delivering said training session does not constitute legal advice and is only provided to you for informational purposes. You acknowledge and agree that we provide such information on an “as is” basis without any warranty to the accuracy or suitability for a specific purpose. You also understand and agree that we may not cover every single aspect of the legislative instruments we present in the course of delivering the service. We will assume no liability or responsibility for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available throughout the course of delivering the service.
You also understand and agree that we cannot make any guarantees relating to the service offered by the online video conferencing platform employed. We will assume no liability or responsibility for any loss or damage of any kind incurred as a result of the video conferencing platform’s performance. It is your responsibility to ensure that your device employed for accessing said training seminars is running as intended and is suitable for the purposes of experiencing said training sessions. Unless expressly permitted in writing by us, you are prohibited from recording said training sessions at all times. You are required to read the entirety of the Terms of Service as they relate to this service.
We offer referrals to third-party service providers such as authorized representative referrals, and laboratory testing referrals. You agree and understand that we do not approve or endorse any third-party services that are presented to you by us. We disclaim any and all liability, including any express or implied warranties for the services rendered by the third-party service provider. You understand and agree that we do not make any representations as to the fitness of the services rendered by such third parties and that engaging the third party is done at your own risk. You are solely responsible for taking the precautions necessary to protect yourself against fraud when using third-party services. We disclaim any and all liability for any losses or damage as a result of engaging any third party, their affiliates, or any of their sources, and you hereby irrevocably waive any claim against us with respect to the content or operation of any third party services. You are required to read the entirety of the Terms of Service as they relate to this service.
7. 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.
8. FEES AND PAYMENT
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. 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. We bill you through an online billing account for purchases made via the Site. We may change prices at any time. All payments shall be in U.S. dollars .
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase 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 you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
For non-subscription payment plans or fees, you agree to waive your right to cancel the service in the event that we have commenced rendering our services to you.
If you are unsatisfied with our services, please email us at [email protected] .
10. SOFTWARE
We may include software for use in connection with our services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Service Terms of Service
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.
- 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 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.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site 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 Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- 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.
- 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 Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s 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 Site.
- 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 Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- 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 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.
Use the Site to advertise or offer to sell goods and services. Sell or otherwise transfer your profile.
12. 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 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 Service . - 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 Service . - 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 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
Terms of Service , or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Service
13. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site
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.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“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.
15. THIRD-PARTY WEBSITES AND CONTENT
The Site 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 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-Party Content 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 Terms of Service
16. U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Service Terms of Service Terms of Service .
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service Terms of Service
18. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.compliancegate.com/privacy-policy/ . By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service United States United States United States United States
19. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting a lawyer.
20. TERM AND TERMINATION
These Terms of Service TERMS OF SERVICE TERMS OF SERVICE YOUR ACCOUNT AND
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.
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 Site 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.
We cannot guarantee the Site 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 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 during any downtime or discontinuance of the Site. Nothing in these Terms of Service
These Terms shall be governed by and defined following the laws of Hong Kong Asiaimportal (HK) Limited and yourself irrevocably consent that the courts of Hong Kong
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service sixty (60) 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 one (1) . The seat, or legal place, of arbitration shall be Hong Kong SAR China , Hong Kong English . The governing law of the contract shall be the substantive law of Hong Kong
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To 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.
24. CORRECTIONS
There may be information on the Site 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 Site at any time, without prior notice.
25. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU UNDERSTAND AND AGREE THAT OUR PROVISION OF CONTENT AND WEBSITE LINKS SUCH AS LINKS TO LEGISLATIVE INSTRUMENTS ON OUR SITE OR IN THE COURSE OF DELIVERING OUR SERVICES DOES NOT CONSTITUTE OR REPLACE LEGAL ADVICE AND IS ONLY PROVIDED TO YOU FOR INFORMATIONAL PURPOSES. YOU AGREE THAT YOUR USE OF THE SITE AND OUR 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 THE 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.
26. 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 AMOUNT PAID, IF ANY, BY YOU TO USSIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISINGCERTAIN 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.
27. 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 legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; Terms of Service Terms of Service
28. 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.
29. 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.
30. 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.
31. MISCELLANEOUS
These Terms of Service Terms of Service Terms of Service Terms of Service Terms of Service Terms of Service Terms of Service Terms of Service Terms of Service
You represent and warrant that your company and its subsidiaries carry proper and industry-standard insurance, covering such risks and amounts that are adequate and customary for companies engaged in similar business activities in the industry.
32. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: