BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS AND USE THE SERVICES.
1. SERVICES & FEES. Subject to the terms and conditions herein, and the payment of any applicable fees (the “Fees”) for Services set out in our website, and any other applicable terms for Services set out in our website, we provide you with access and use of our website and such applicable Services. Unless otherwise set out in our website: (a) the Fees will be paid in advance of the Services being provided, and we will have no obligation to provide the Services prior to receiving the Fees in full; and (b) the Fees are non-refundable. Any change in the Services requested by you may incur additional fees.
2. MARKETING COMMUNICATIONS. You hereby consent to receive marketing communications from us via email, or any other form of communication, from time to time. You may opt-out at any time from such communications by emailing us. However, opting out of certain communications may affect your ability to use the Services. You hereby consent to our retaining and storing any personal information provided by you through your access and use of the Services, such as name, address, telephone number and purchasing information, for the purpose of: (a) providing the Services; (b) conducting internal reviews and improvements relating to the Services; and (c) keeping a record for legal purposes.
3. INTELLECTUAL PROPERTY. Except as expressly provided herein, these Terms do not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, you own all intellectual property rights in the content and data you submit (collectively, the “Customer Data”) to the Services, and we own all intellectual property rights in the Services, and all related components and information therein. You grant us a limited, non-exclusive, worldwide, royalty-free license to use the Customer Data for the purpose of providing you the Services. We will retain and will own a copy of any non-personally identifiable or aggregated information and/or data generated and/or collected by us in your use of the Services.
4. DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INTERRUPTION, SUITABILITY, UPTIME, QUALITY, ACCURACY, SITE SPEEDS, DELIVERY RESULTS OR FITNESS FOR A PARTICULAR PURPOSE. FOR CERTAINTY, WE MAKE NO WARRANTY OR GUARANTEE WITH RESPECT TO THE RESULTS OF YOUR USING THE SERVICES. NOTHING IN THESE TERMS WILL RESTRICT OUR RIGHT TO UPDATE, IMPROVE, TERMINATE, SUSPEND, OR OTHERWISE CHANGE ANY PART OR WHOLE OF THE SERVICES IN OUR SOLE DISCRETION WITHOUT NOTICE. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ANY AND ALL LIABILITY RELATING TO THE ACCESS AND USE OF ANY THIRD-PARTY PRODUCTS, SERVICES, LINKS AND/OR APPLICATIONS ACCESSIBLE THROUGH OUR SERVICES. WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY TRANSACTION OCCURING THROUGH THE SERVICES (“TRANSACTIONS”), SUCH AS AUCTIONS, PURCHASES AND SALES, AND OTHERWISE. TRANSACTIONS ARE BETWEEN USERS AND ARE NOT MODERATED BY US. YOUR PARTICIPATION IN ANY TRANSACTION IS AT YOUR SOLE RISK AND LIABILITY. INFORMATION AVAILABLE THROUGH THE SERVICES IS SUBJECT TO CHANGE FROM TIME TO TIME, AND WE DISCLAIM ANY WARRANTIES WITH RESPECT TO ACCURACY, COMPLETENESS, VALIDITY, LEGALITY, OR OTHERWISE OF ANY LISTINGS, POSTINGS, MESSAGE BOARDS, TRANSACTION MATERIALS, OR OTHERWISE.
5. RELEASE & INDEMNIFICATION. YOU HEREBY RELEASE AND FOREVER DISCHARGE US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS AND ASSIGNS (THE “RELEASED PARTIES”) OF AND FROM ANY AND ALL ACTIONS, LIABILITIES, DAMAGES, LOSSES, CLAIMS, AND DEMANDS (THE “CLAIMS”) OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING, WHICH YOU CAN, WILL OR MAY HAVE IN CONNECTION WITH OR ARISING FROM THE SERVICES. YOU HEREBY AGREE TO DEFEND, INDEMNIFY, SAVE AND HOLD THE RELEASED PARTIES HARMLESS AGAINST AND FROM ANY AND ALL THIRD-PARTY CLAIMS INCURRED OR SUFFERED BY THE RELEASED PARTIES AS A RESULT OF THE CUSTOMER DATA YOU PROVIDE US.
THE TERMS AND CONDITIONS PROVIDED HEREIN WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND FORM AN ESSENTIAL CONDITION FOR OUR PROVIDING THE SERVICES.