TABLE OF CONTENTS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity
(“you”) and
inRecovery Co (" Company ",
“we”, “us”, or
“our”), concerning your access to and use of
the
https://inrecovery.org
website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”).
We are registered in
California ,
United States
and have our registered office at
4660 La Jolla Village Drive ,
Suite 100 , San Diego ,
CA
92122 . You agree that by accessing
the Site, you have read, understood, and agree to be bound by all
of these Terms of Use, including the
Services Agreement posted on the Site, which are incorporated into these
Terms of Use . IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these
Terms of Use at any time
and for any reason . We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right
to receive specific notice of each such change. Please ensure
that you check the applicable Terms every time you use our
Site so that you understand which Terms apply. You will be
subject to, and will be deemed to have been made aware of and
to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised
Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is 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 Use, no part of the Site
and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are granted
a limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and
to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with
these Terms of Use;
(2) you are not a minor in the jurisdiction in which you
reside ; (3) you will not access the Site through automated or non-human
means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized
purpose; and (5) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Site (or any portion thereof).
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. 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
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.
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.
If you are unsatisfied with our services, please email us at
info@inrecovery.org or call us at 619-701-6000 .
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 JavaScript, HTML, CSS, 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.
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 licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
-
Your Contributions 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 Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing
violates these Terms of Use and may result in, among
other things, termination or suspension of your rights
to use the Site.
8. CONTRIBUTION LICENSE
You and the Site agree that we may access, store,
process, and use any information and personal data that
you provide following the terms of the Privacy Policy and
your choices (including settings).
By submitting suggestions or other feedback regarding the
Site, 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 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.
9. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile
application, then we grant you a revocable,
non-exclusive, non-transferable, limited right
to install and use the mobile application on
wireless electronic devices owned or controlled
by you, and to access and use the mobile
application on such devices strictly in
accordance with the terms and conditions of this
mobile application license contained in these
Terms of Use. You shall not: (1) except as
permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the
source code of, or decrypt the application; (2)
make any modification, adaptation, improvement,
enhancement, translation, or derivative work
from the application; (3) violate any applicable
laws, rules, or regulations in connection with
your access or use of the application; (4)
remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark)
posted by us or the licensors of the
application; (5) use the application for any
revenue generating endeavor, commercial
enterprise, or other purpose for which it is not
designed or intended; (6) make the application
available over a network or other environment
permitting access or use by multiple devices or
users at the same time; (7) use the application
for creating a product, service, or software
that is, directly or indirectly, competitive
with or in any way a substitute for the
application; (8) use the application to send
automated queries to any website or to send any
unsolicited commercial e-mail; or (9) use any
proprietary information or any of our interfaces
or our other intellectual property in the
design, development, manufacture, licensing, or
distribution of any applications, accessories,
or devices for use with the application.
The following terms apply when you use a mobile
application obtained from either the Apple Store
or Google Play (each an “App Distributor”) to
access the Site: (1) the license granted to you
for our mobile application is limited to a
non-transferable license to use the application
on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in
accordance with the usage rules set forth in the
applicable App Distributor's terms of service;
(2) we are responsible for providing any
maintenance and support services with respect to
the mobile application as specified in the terms
and conditions of this mobile application
license contained in these Terms of Use or as
otherwise required under applicable law, and you
acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance
and support services with respect to the mobile
application; (3) in the event of any failure of
the mobile application to conform to any
applicable warranty, you may notify the
applicable App Distributor, and the App
Distributor, in accordance with its terms and
policies, may refund the purchase price, if any,
paid for the mobile application, and to the
maximum extent permitted by applicable law, the
App Distributor will have no other warranty
obligation whatsoever with respect to the mobile
application; (4) you represent and warrant that
(i) you are not located in a country that is
subject to a U.S. government embargo, or that
has been designated by the U.S. government as a
“terrorist supporting” country and (ii) you are
not listed on any U.S. government list of
prohibited or restricted parties; (5) you must
comply with applicable third-party terms of
agreement when using the mobile application,
e.g., if you have a VoIP application, then you
must not be in violation of their wireless data
service agreement when using the mobile
application; and (6) you acknowledge and agree
that the App Distributors are third-party
beneficiaries of the terms and conditions in
this mobile application license contained in
these Terms of Use, and that each App
Distributor will have the right (and will be
deemed to have accepted the right) to enforce
the terms and conditions in this mobile
application license contained in these Terms of
Use against you as a third-party beneficiary
thereof.
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.
11. 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
Use in accordance with FAR 12.212 (for computer
software) and FAR 12.211 (for technical data). If our
services are acquired by or on behalf of any agency
within the Department of Defense, our services are
subject to the terms of these Terms of Use in
accordance with Defense Federal Acquisition Regulation
(“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD.
This U.S. Government Rights clause is in lieu of, and
supersedes, any other FAR, DFARS, or other clause or
provision that addresses government rights in computer
software or technical data under these Terms of
Use.
We reserve the right, but not the obligation, to: (1)
monitor the Site for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of
Use, including without limitation, reporting such user
to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the
extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability,
to remove from the Site or otherwise disable all files
and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the
Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the
Site.
13. PRIVACY POLICY
We care about data privacy and security. Please
review our Privacy Policy:
https://inrecovery.org/privacy.html . By using the Site, you agree to be bound by our
Privacy Policy, which is incorporated into these
Terms of Use. Please be advised the Site is hosted
in the
United States . If you
access the Site 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
the
United States , then through your continued use of the
Site, you are transferring your data to
the
United States , and you agree to have your data transferred to
and processed in
the
United States .
These Terms of Use shall remain in full force and
effect while you use the Site. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE
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.
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 Use will be construed to
obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in
connection therewith.
These Terms of Use and your use of the Site are
governed by and construed in accordance with the laws of
the State of California applicable to agreements made and to be entirely
performed within
the State of California , without regard to its conflict of law
principles.
Binding Arbitration
If
for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or
prosecuted in the
state and federal courts located in
San Diego ,
California , and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in
such state and federal
courts . Application of the United Nations Convention on
Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are
excluded from these Terms of Use.
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.
18. 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.
19. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
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.
20. 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 US
DURING THE
SIX (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING .
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.
21. 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 Site; (2) breach of these Terms of Use;
(3) any breach of your representations and warranties set
forth in these Terms of Use; (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 Site with whom you connected
via the Site. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive
defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this
indemnification upon becoming aware of it.
22. 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.
23. 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.
24. 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.
25. MISCELLANEOUS
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right
or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of
a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Terms of
Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or
use of the Site. You agree that these Terms of Use will
not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms of Use and the
lack of signing by the parties hereto to execute these
Terms of Use.
26. 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:
Phone: 619-701-6000