TERMS AND CONDITIONS of www.THESTEELMACHINE.com
Date of last Update: March 4, 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS SHALL BE BINDING UPON USERS OF WWW.THESTEELMACHINE.COM WEBSITE AND ITS SERVICES.
- By using company provided services, accessing or using the Website in any manner as laid down herein, including, but not limited to, visiting or browsing it, or contributing content or other materials to it, you agree to be bound by these Terms.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Website without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Acceptance of the Terms
- Each time by viewing, using, accessing, browsing, or submitting any content or material on the Website, including the webpages contained or hyperlinked therein and owned or controlled by the Website and its services, whether through the Website itself or through such other media or media channels, devices, software, or technologies as the Website may choose from time to time, you are agreeing to abide by these Terms, as amended from time to time with or without your notice.
- The Website reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Website Services (or any part thereof) with or without notice. You agree that the Website shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website Services.
- Website or the Website management may modify these Terms from time to time, and any change to these Terms will be reflected on the Website with the updated version of the Terms and you agree to be bound to any changes to these Terms when you use the Website or the Website Services. The Website may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications.
- Also, occasionally there may be information on the Website or within the Website Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and the Website management reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
- When you register an account on the Website and/or upload, submit, enter any information or material to the Website or use any of the Website Services, you shall be deemed to have agreed to and understand the Terms.
- Terms of Service
- The Website is based in Canada and aims at selling physical training programs to interested users offering both on-site physical training as well as giving Olympic Weightlifting technical instructions through streaming videos. The Website offers Subscription based services on monthly and/or yearly basis with access to training videos hosted on Vimeo. Exclusive content shall only be available to subscribers/members. The Website shall also offer online seminars in real time where users/subscribers/members may get answers to their questions regarding the products. The Website may also offer weekly workout guides, depending on the subscription plan (hereinafter referred to as “Services”).
- Service Availability
- The Website shall use commercially reasonable efforts to keep it up and running 24 hours a day, seven days a week; provided, however, that it may carry out scheduled and unscheduled maintenance work as necessary from time to time and such maintenance work may impact the availability of the Website.
- Account Registration and Membership
- In order to use some or all of the functionalities and Services provided through the Website, you may be required to register an account with the Website as mentioned above. At the time of registration of account, you will be asked to complete a registration form which shall require you to provide personal information such as name, address, phone number, email address, username and other personal information.
- Upon verification of details, Website may accept account registration application.
- You represent, warrant and covenant that: (i) you have full power and authority to accept these Terms, to grant any license and authorization and to perform any of your obligations hereunder; (ii) you will undertake the use the Website and Services for personal purposes only; and (iii) the address you provide when registering is your personal address.
- You must not allow any other person to use your account to access the Website.
- You must notify us in writing immediately if you become aware of any unauthorised use of your account.
- You must not use any other person’s account to access the Website, unless you have that person’s express written permission to do so.
- User IDs and passwords
- If you register for an account with the Website, you will be asked to choose a user ID and password. Your user ID must not be misleading and must comply with the content rules set out in this document; you must not use your account or user ID for or in connection with the impersonation of any person.
- You shall be responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
- You must notify the Website by emailing us at email@example.com
Date of Last Update: March 4, 2020
- Information We Collect
- 1.1.Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your account.
- 1.2.We may process the following categories of personal data about you:
- Personal Data means any information relating to an identified or identifiable natural person. This information may include, in particular by reference to an identifier, such as individual’s name, e-mail address, credit card information for payment processing, experience in weightlifting and all information, data and materials as we may deem necessary for provision of Services. When you contact us through any of the communication modes as mentioned below, your email address may be added to our mailing list from which you can unsubscribe at any time using the unsubscribe link in each email or by contacting us at firstname.lastname@example.org
- Communication Data may include any communication that you send to us whether that be through the Contact Form on our Website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Technical Data may include data about your use of our Website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our Website, page views and navigation paths, details about the number of times you use our Website, time zone settings and other technology on the devices you use to access our Website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our Website and other online services, to administer and protect our business and Website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our Website and our business and to grow our business and to decide our marketing strategy.
- Marketing Data may include data about your preferences in receiving marketing from us and our third parties and your communication preferences. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
- We may use Personal Data, Communication Data, Technical Data and Marketing Data (the “Data”) to provide you with Services. We may also use such data to send other marketing communications to you.
- Name and Address of the Data Controller
- Data Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Name: WP Video Subscriptions
1. Consent and its Withdrawal
- We will process the Data only after taking written instructions/consent from you mostly in electronic form in the form of Clickable button, a checkbox or through an email.
- If you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at email@example.com.
2. Promotional Emails
- You agree that the Website and/or third parties may from time to time send e-mail messages to you which offer products and services, promotions, subscriptions or registration-based services or other material. If you wish to discontinue receiving such email, you may opt-out by writing us through email at firstname.lastname@example.org. Your preferences will then be updated.
3. How We Use and Process the Data
- The Data collected by us from you may be used to provide you with Services and better understand your needs related services and programs, to correspond with you and reply to your questions with about our services.
- We will not rent or sell your Data to others. We may store the Data in locations outside our direct control (for instance, on servers or databases co-located with hosting providers).
- If you provide any Data to us, you are deemed to have authorized us to collect, retain and use that data for the following purposes:
- verifying your identity;
- providing you with customer service and responding to your queries, feedback, or disputes;
- making such disclosures as may be required for any of the above purposes or as required by law, regulations and guidelines or in respect of any investigations, claims or potential claims brought on or against us;
- provide and maintain the Services;
- notify you about changes to our Services;
- We shall ensure that:
- The Data collected and processed for and on our behalf by any party is collected and processed fairly and lawfully;
- You are always made fully aware of the reasons for the collection of Data and are given details of the purpose(s) for which the data will be used;
- The Data is only collected to the extent that is necessary to fulfil the purpose(s) for which it is required;
- No Data is held for any longer than necessary in light of the purpose(s) for which it is required.
- Whenever cookies or similar technologies are used online by us, they shall be used strictly in accordance with the law;
- You are informed if any data submitted by you online cannot be fully deleted at your request under normal circumstances and how to request that the we delete any other copies of that data, where it is within your right to do so;
- Appropriate technical and organizational measures are taken to protect the Data;
- Data is transferred securely, whether it is transmitted electronically or in hard copy.
- You can fully exercise your rights with ease and without hindrance.
4. Disclosure of Data
- We may disclose the Data in the good faith belief that such action is necessary to:
- comply with a legal obligation
- protect and defend our rights or property
- prevent or investigate possible wrongdoing
- protect the personal safety of users of the Service or the public
- protect against legal liability
- When necessary, we may also disclose and transfer your Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations.
5. Data Storage
- Your Data may be stored and processed at the servers in the United States, Europe, or any other country in which the Website or its subsidiaries, affiliates or service providers maintain facilities.
- We will only retain your Data preferably for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, see section regarding insurance requirement and reporting requirements. When deciding what the correct time is to keep the Data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
- How We Protect Your Information
- We store all the Data submitted by you through Website at a secure database.
- We are concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any data you transmit to or guarantee that your Data may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards.
- No method of transmission over the Internet or method of electronic Therefore, we cannot guarantee its absolute security. If you have any questions about security of our Website, you can contact us at email@example.com.
- Any Data supplied by you will be retained by us and will be accessible by our employees, any service providers engaged by us and third parties.
- Compliance with the GDPR
- For users based in the European Union (EU), the Website shall make all reasonable efforts to ensure that it complies with The General Data Protection Regulation (GDPR) (EU) 2016/679 as set forth by the European Union regarding the collection, use, and retention of Data from European Union member countries. Website shall make all reasonable efforts to adhere to the requirements of notice, choice, onward transfer, security, data integrity, access and enforcement.
- The Rights of Users
You may exercise certain rights regarding your Data processed by us. In particular, users based in the EU may do the following:
6. Right of confirmation
You shall have the right granted by the European legislator to obtain from us the confirmation as to whether or not personal data concerning you are being processed.
7. Right of Access
You shall have the right granted by the European legislator to obtain from us free information about your personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant you access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from us rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from you, any available information as to its source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for you.
Furthermore, you shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, you shall have the right to be informed of the appropriate safeguards relating to the transfer.
- Right to rectification
You shall have the right granted by the European legislator to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure (Right to be forgotten)
You shall have the right granted by the European legislator to obtain from us the erasure of personal data concerning you without undue delay, and we shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- You withdraw consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which we are subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
Where we have made personal data public and are obliged pursuant to Article 17(1) to erase the personal data, we, while taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that you have requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. We will arrange the necessary measures in individual cases.
- Right of restriction of processing
You shall have the right granted by the European legislator to obtain from us restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling us to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- We no longer need the personal data for the purposes of the processing, but we are required by the data subject for the establishment, exercise or defence of legal claims.
- You have objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether our legitimate grounds override those of yours.
If one of the aforementioned conditions is met, and you wish to request the restriction of the processing of personal data stored by us, you may at any time contact us.
- Right to data portability
You shall have the right granted by the European legislator, to receive the personal data concerning you, which was provided to us, in a structured, commonly used and machine-readable format. You shall have the right to transmit those data to another data controller without hindrance from us to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
- Right to object
You shall have the right granted by the European legislator to object, on grounds relating to your particular situation, at any time, to processing of personal data concerning you, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
We shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If we processes personal data for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If you object to us to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, you have the right, on grounds relating to your particular situation, to object to processing of personal data concerning you by us for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- Automated individual decision-making, including profiling
You shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you, or similarly significantly affects you, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between you and us, or (2) is not authorised by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or (3) is not based on your explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between you and us, or (2) it is based on your explicit consent, we shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on our part, to express your point of view and contest the decision.
- Right to withdraw data protection consent
You shall have the right granted by the European legislator to withdraw your consent to processing of your personal data at any time. You may initiate request with us at firstname.lastname@example.org to exercise any of the above mentioned rights. We shall review your request and, in our own discretion, honor your request, if deemed necessary by us, within reasonable time.
- Cookies are small files saved to the user’s computers’ or mobile devices’ hard drive or memory that track, save and store information about the user’s interactions and usage of the Website. This allows the Website, through its server to provide the users with a tailored experience within this Website.
- Users are advised that if they wish to deny the use and saving of cookies from this Website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this Website and its external serving vendors.
- We may gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data. We may use this information, which does not identify individual users, to analyze trends, to administer the Website, to track users’ movements around the Website and to gather demographic information about our user base as a whole.
- We may track the referring URL (the web page you left before coming to the Website) and the pages, links, and graphics of the Website you visited. We do so because it allows us to evaluate the reputation and responsiveness of specific web pages and any promotional programs we may be running.
- Please note that if you choose to block cookies, doing so may impair the Website Services or prevent certain elements of it from functioning.
- Service Providers
- We may employ third party companies and individuals to facilitate our Service (“Service Providers“), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
- These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
- Third Party Links
- Changes to this Privacy Statement
- You acknowledge and agree that it is your responsibility to review this Website and this Policy periodically and to be aware of any modifications. Updates to this Policy will be posted on this page.
- Also, occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and the Website reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
- Contact US
- You are responsible for any activity and content on the account arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Termination of Account and Discontinuation of Use
- If you engage in Prohibited Conduct or otherwise violate any of the Terms, your permission to use the Website will be terminated.
- You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Website, and any accounts you may have in connection with the Service including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Company or any third party; or (ii) in connection with any general discontinuation of the Website services.
- 7.3.We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Website. You may terminate your account at any time by sending us an email to email@example.com.
- Electronic Signature Consent
- You agree that your “Electronic Signature” is the legal equivalent of your manual signature for this Agreement, thereby indicating your consent to do business electronically.
- By clicking on the applicable button in the Website, you will be deemed to have executed these Terms electronically via your Electronic Signature with Company; effective on the date you first click to accept these Terms.
- Electronic Delivery of Communications
- You agree to receive communications from Website in electronic form. Such electronic communications may include, but will not be limited to, any and all current and future notices and/or disclosures that various laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with the Website.
- You accept that the electronic documents, files and associated records provided via your account with Website are reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. Website reserves the right to require ink signatures on hard copy documents from the related parties, at any time.
- User Responsibility
- Users are solely responsible for all of the transactions conducted on, through or as a result of use of the Website or Services.
- You agree that the use of the Website and/or the Website Services on the Website is subject to all applicable local, state and federal laws and regulations. You also agree:
- not to access the Website or services using a third-party’s account/registration without the express consent of the account holder;
- not to use the Website for illegal purposes;
- not to commit any acts of infringement on the Website or with respect to content on the Website;
- not to copy any content for republication in print or online;
- not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;
- not to attempt to gain unauthorized access to other computer systems from or through the Website;
- vii.not to interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website;
- viii.not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
- not to disrupt, interfere with, or otherwise harm or violate the security of the Website, or any services, system restores, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked website.
- not to use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
- not to use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- xii.not to use se the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- xiii.not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the express written consent of the Website owner;
- xiv.not to access or otherwise interact with the Website using any robot, spider or other automated means;
- xv.not to violate the directives set out in the robots.txt file for the website;
- xvi.not to use data collected from the website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
- xvii.not to infringe these Terms or allow, encourage or facilitate others to do the same;
- xviii.not to plagiarize and/or infringe the intellectual property rights or privacy rights of any third party;
- xix.not to disturb the normal flow of Services provided within the Website;
- xx.not to create a link from the Website to another website or document without Company’s prior written consent;
- xxi.not to obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Website;
- xxii.not to create copies or derivate works of the Website or any part thereof;
- xxiii.not to reverse engineer, decompile or extract the Website’s source code;
- xxiv.not to remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;
- xxv.not to collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or
- xxvi.not to pretend to be or misrepresent any affiliation with any legal entity or third party.
- In addition to the above clause, unless specifically endorsed or approved by the Website, the following uses and activities of and with respect to the Website and the Website Services are prohibited:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- transmitting chain letters or junk email;
- engaging in any automated use of the Website or the Website Services.
- interfering with, disrupting, or creating an undue burden on the Website or the Website Services or the networks or services connected or linked thereto;
- attempting to impersonate another user or person;
- using the username of another user;
- vii.selling or otherwise transferring your profile;
- viii.using any information obtained from the Website or the Website Services in order to harass, abuse, or harm another person;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website or the Website Services;
- attempting to bypass any measures of the Website or the Website Services designed to prevent or restrict access to the Website or the Website Services, or any portion of the Website or the Website Services;
- harassing, annoying, intimidating or threatening any the Website employees or agents engaged in providing any portion of the Website Services;
- xii.using the Website and/or the Website Services in any manner inconsistent with any and all applicable laws and regulations.
- xiii.Using data collected from the website to contact individuals, companies or other persons or entities.
- xiv.Supplying false, untrue, expired, incomplete or misleading information through the Website.
- You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Website and use of our Services, without refund, reimbursement, or any other credit on our part. Access to the Website may be terminated or suspended without prior notice or liability of Company. You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Website. You hereby agree to provide Company with all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for our Services.
- Third party websites
- The Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. Goods and services of third parties may be advertised and/or made available on or through this Website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The Website shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
- The management of the Website has no control over third party websites and their contents, and subject to the Terms it accepts no responsibility for them or for any loss or damage that may arise from your use of them.
- The Website may contain links from third party websites. External hyperlinks to or from the Website do not constitute the Website’s endorsement of, affiliation with, or recommendation of any third party or its website, products, resources or other information. The Website is not responsible for any software, data or other information available from any third party website. You are solely responsible for complying with the terms and conditions for the third party sites. You acknowledge that Company shall have no liability for any damage or loss arising from your access to any third party website, software, data or other information.
- We do not always review the information, pricing, availability or fitness for use of such products and services and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk. We do not make any endorsements or warranties, whether express or implied, regarding any third party websites (or their products and services). Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers. Please read those documents, which will rule any interaction thereof.
- The Website may provide tools through the Service that enable you to export information to third party services, including through use of an API or by linking your account on the Website with an account on the third party service, such as Twitter or Facebook. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Content or information by the third party service. The Service, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked website. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked website. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties services or websites.
- Third party rights
- A contract under the Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties’ rights under a contract under the Terms is not subject to the consent of any third party.
- You agree not to; modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, scrape, gather, market, rent, lease, re-license, reverse engineer, or sell any information published by other users without the original publishers written consent.
- The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Website are the property of – or otherwise are licensed to – Company or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.
- No section hereof shall be construed as intent to grant to you any interest in the Website or our Services, in whole or in part. All content and materials included as part of the Services, such as images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio and other content are the property of, are licensed to or are otherwise duly available to Company, its affiliates, its licensors or to the appertaining third party copyrights holder.
- You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Website and our Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
- Term and Termination
- The term hereof shall begin on the date that comes first among: (i) first access to the Website; (ii) your first access or execution of our Services; or (iii) Company begins providing its Services to you.
- The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or access revocation for our Services or the Website; (iii) Company’s termination of these Terms or its Services, at its sole and final discretion; (iv) the termination date indicated by Company to you from time to time; or (v) Company’ decision to make the Website or Services no longer available for use, at its sole and final discretion.
- Upon expiration of these Terms or termination of your subscription to our Services, you shall thereafter immediately cease any and all use of our Services, along with any and all information and data collected therefrom.
- As a user of this Website, You are liable for the accuracy of the information that You provide to us, including, but not limited to, Your personal and professional representation.
- Company hereby reserves the right to update, modify, change, amend, terminate or discontinue the Website, the Terms and/or the Policy, at any time and at its sole and final discretion. Company may change the Website’s functionalities and (any) applicable fees at any time. Any changes to these Terms will be displayed in the Website, and we may notify you through the Website or by email. Please, refer to the date shown above for the date where effective changes were last undertook by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
- No Warranty
- Your use of our Website is at your own risk, and therefore you hereby acknowledge and agree that our Website and Services are provided “as is”, “with all faults”, and “as available”, including all content, guides, checklists, reference guides, sample filing forms, software, materials, services, functions and/or information made available thereby. It shall be your own responsibility to ensure that the Services or information available through this Website meet your specific requirements.
- Neither Company, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Website will be error-free, uninterrupted, secure, or produce any particular results; or that any listing, purchase, order, amount, information, guide, sheet, checklist and/or content will be current, measured useful and/or valid, or that it will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by Company or its employees, affiliates, contractors and/or agents shall create a guarantee. No warranty or representation is made with regard to such services or products of third parties contacted on or through the Website. In no event shall Company or our affiliates be held liable for any such services.
- Neither Company, nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The results described in the Website are not typical and will vary based on a variety of factors outside the control of Company. Your use of any information and/or materials on this Website is entirely at your own risk, for which we shall not be held liable.
- Disclaimer of Damages
- In no event shall the Company be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: (i) damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Website, including negligence; (ii) infringement of third party intellectual property rights; and (iii) claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants.
- The aforementioned limitation of damage liability, shall be in force regardless of however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of such possibility.
- To the fullest extent allowable under applicable law, Company hereby expressly disclaims any and all representations and warranties of any kind with respect to the Website, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Services displayed on our Website, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose or non-infringement.
- You agree to indemnify, defend and hold Company and its independent contractors, affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of these Terms or the Policy; and (iii) your violation of the rights of any third-party.
- You indemnify the Website and its management for any time that the Website may be unavailable due to routine maintenance, updates or any other technical or non-technical reasons. You agree to indemnify the Website and its management for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to your published content, damages from lost profits, lost data or business interruption.
- You hereby indemnify the Website and its management and will not hold them responsible for copyright theft, reverse engineering and use of your content by other users on the website.
- Advertisements and Promotions. From time to time, we may place ads and promotions from third party sources in the Website. Accordingly, your participation or undertakings in promotions of third parties other than Company, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Website.
- No Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Company’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
- Content Moderation. Company hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Website, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.
- Force Majeure. Company is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Company’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
- No Waiver. Failure by Company to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
- No Relationship. You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
- Notices. All legal notices or demands to or upon Company shall be made in writing and sent to Company personally, by courier, certified mail, or facsimile, and shall be delivered to any address the parties may provide. For communications by e-mail, the date of receipt will be the one in which confirmation receipt notice is obtained. You agree that all agreements, notices, demands, disclosures and other communications that Company sends to you electronically satisfy the legal requirement that such communication should be in writing.
- Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
- For any inquires or complaints regarding the Service or Website, please contact by email at firstname.lastname@example.org
Date of Last Update: March 4, 2020