Registration Terms
ALLAI CONNECT TERMS OF USE
TERMS OF USE
Version 1.0
LAST REVISED ON: JANUARY 8, 2024
Welcome to the AllAi Connect!
These AllAi Connect Terms of Use (“Terms”) are the terms that apply to your use of the AllAi Connect. We hope that these will help ensure the community is valuable to you and serves as a platform where we can all become better together. The Community TOU also protects the interests of all of our members, as well as our goodwill and reputation. These terms are so important that we cannot permit you to use the AllAi Connect unless you agree to them. By using the AllAi Connect, you are agreeing to these terms.
The websites located at connect.allai.digital, along with any other localizations (the “Website”), are a copyrighted work belonging to OSF Global Services, Inc. dba OSF Digital and its Affiliates (“Company”, “us”, “our”, and “we”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. Without limitation to the preceding sentence, your submission of any information, including personal information, through or in connection with the Website is governed by the terms of our privacy policy, as updated from time to time, available at https://osf.digital/privacy-policy (“Privacy Policy”).
All such additional terms, guidelines, and rules, including our Privacy Policy, are incorporated by reference into these Terms.
These Terms set forth the legally binding terms and conditions that govern your use of the Website. By accessing or using the Website and/or completing the registration process, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/or use the Website.
We reserve the right to modify these Terms at any time without giving you prior notice. You can find the most recent version here. Your use of the community following any such modification constitutes your agreement to follow and be bound by these Terms as modified. You agree to review the Terms on a regular basis and always remain in compliance.
Every community user of ours agrees to abide by these Terms and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate these Terms. We will enforce and ensure compliance with these Terms by using methods we consider to be appropriate.
FOR CLARITY, THESE TERMS SOLELY GOVERN THE WEBSITE AND NOT YOUR UNDERLYING USE OF THE ALLAI PRODUCT SEPARATELY OFFERED BY US. YOU ARE NOT GRANTED A LICENSE TO ANY SOFTWARE OR OTHER SERVICES BY THESE TERMS.
1. ACCESS TO THE WEBSITE
1.1 Licence. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the Website solely for your own personal, non-commercial use. The information and content available on the Website (collectively, the “Company Materials”) are protected by copyright laws throughout the world.
1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you may not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Website is subject to these Terms. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.
1.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part), with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
1.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Website.
1.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and their content are owned by Company or Company’s suppliers. Neither these Terms nor your access to the Website transfers to you or to any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.
1.6 Registration. In order to access certain features of the Website, you are required to create an account on the Website (“Account”) and become a registered user of the Website (each a “User”). You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Website under the laws of the United States, your place of residence or any other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information 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 Website (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you may not have more than one Account at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account if you have been previously removed by us, or if you have been previously banned from the Website. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security.
1.7 Feedback. If you provide Company with any feedback or suggestions regarding the Website or any other Company products, including but not limited to AllAI (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company has and will at all times have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary. We encourage all customers to comment on the AllAI product, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into our products, without payment or attribution to you.
2. Responsibility for Content.
2.1 Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website, whether publicly posted or privately transmitted, including the Company Materials (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not Company, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Website (“Your Content”), and other Users, and not Company, are similarly responsible for all Content they Make Available through the Website (“User Content”).
2.2 No Obligation to Pre-Screen Content. You acknowledge that Company has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Company reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Company pre-screens, refuses or removes any Content, you acknowledge that Company will do so for Company’s benefit, not yours. Without limiting the foregoing, Company may remove any Content that violates the Terms or is otherwise objectionable.
2.3 Storage. Company has no obligation to store any of Your Content that you Make Available on the Website. Company has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Website. The Website may enable you to specify the level of access on the Website to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Company retains the right to create reasonable limits on Company’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by Company in its sole discretion.
3. Ownership.
3.1 Company Materials. Except with respect to Your Content and User Content, you agree that Company and its suppliers own all rights, title and interest in the Website and the Company Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, or the Company Materials.
3.2 Trademarks. OSF Digital, AllAI and other related graphics, logos, service marks and trade names used on the Website or in the Company Materials are the trademarks of Company and may not be used without permission in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on the Website or in the Company Materials are the property of their respective owners.
3.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Website.
3.4 Your Content. Company does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Website, you represent that you have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
3.5 License to Your Content. By submitting Your Content, which includes your username, to any “public area” of the Website, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. You also warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not the Company, are responsible for all of Your Content that you Make Available on or in the Website, whether publicly posted or privately transmitted.
(a) We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected.
(b) You also grant us the rights to re-use Your Content to market and promote AllAI or Company, such as on our website, in public or private presentations, press releases and interviews, or in connection with our sales and marketing and other publicity efforts.
3.6 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Website, you hereby expressly permit Company to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
3.7 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are forever be owned by and inure to the benefit of Company.
4. User Conduct. The AllAi Connect is meant for public discussion, so you may not disclose or solicit anyone's private information or disclose confidential information. You are responsible for the use by third parties of any personal information disclosed by you to the AllAi Connect, whether or not you permitted such use. This means that no private or personal information should be exchanged within the AllAi Connect.
4.1 Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by these Terms):
(a) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Website, (including your Account), Company Materials, or access to or use of the Website, or Company Materials;
(b) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(c) Use the Website or Company Materials or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation;
(d) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or
(e) Market any goods or services for any business purposes.
4.2 Unauthorized Use or Access. You agree that you will not, under any circumstances:
(a) Interfere or attempt to interfere with the proper functioning of the Website, or Company Materials or connect to or use the Website, or Company Materials in any way not expressly permitted by the Terms;
(b) Systematically retrieve data or other content from our Website, or Company Materials to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(c) Use, display, mirror or frame the Website, or Company Materials, or any individual element within the Website, or Company Materials, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent;
(d) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server , whether through the use of a network analyzer, packet sniffer or other device;
(e) Make any automated use of the Website, or Company Materials, or take any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Website, or Company Materials;
(f) Bypass any robot exclusion headers or other measures Company takes to restrict access to the Website, or Company Materials or use any software, technology or device to send content or messages, scrape, spider or crawl the Website, or Company Materials or harvest or manipulate data;
(g) Use, facilitate, create, or maintain any unauthorized connection to the Website, or Company Materials, including, but not limited to: (a) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Website, or Company Materials; or (b) any connection using programs, tools or software not expressly approved by Company;
(h) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, or Company Materials, or to obtain any information from the Website, or Company Materials;
(i) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
(j) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) Solicit or attempt to solicit personal information from other users of the Website, or Company Materials;
(l) Use our Website, or Company Materials to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
4.3 General. In connection with your use of the Website, and Company Materials, you must not:
(a) Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
(b) Harm minors in any way;
(c) Impersonate any person or entity, including, but not limited to, Company personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(e) Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
(f) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
(g) Register for more than one Account or register for an Account on behalf of an individual other than yourself;
(h) Stalk or otherwise harass any other user of our Website, or Company Materials; or
(i) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
5. Investigations. We may, but are not obligated to, monitor or review the Website and Content at any time. Without limiting the foregoing, we have the right, in our sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Company does not generally monitor user activity occurring in connection with the Website, Company Materials, or Content, if Company becomes aware of any possible violations by you of any provision of the Terms, Company reserves the right to investigate such violations, and Company may, at its sole discretion, immediately terminate your license to use the Website, or Company Materials, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
6. Interactions with Other Users.
6.1 User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact through the Site; provided, however, that Company reserves the right, but has no obligation, to intercede in such disputes.
6.2 Content Provided by Other Users. The Website and Company Materials may contain User Content provided by other Users. We are not responsible for and do not control User Content. We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk. Your interactions with other Users are solely between you and the other User and we are under no obligation to become involved. You agree that we will not be responsible for any liability incurred as the result of such interactions. You understand that WE DO not inquire into the backgrounds of users or attempt to verify the statements of OTHER users.
6.3 Release. If you have a dispute with one or more Users, you release Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Company Parties”) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not now or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
7. INDEMNIFICATION. You agree to indemnify Company (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. THIRD-PARTY LINKS & ADS
8.1 Third-Party Links & Ads. The Website may contain links to third-party website and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
8.2 Release. Subject to applicable law, you hereby release and forever discharge the Company (and our affiliates, subsidiaries, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of any Third-Party Links & Ads).
The Website are provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. ANY CONTENT OR COMPANY MATERIALS DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE.
To the maximum extent permitted by law, in no event will we (or any Company Parties) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Website, even if Company has been advised of the possibility of such damages. Access to, and use of, the Website is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT).
To the maximum extent permitted by law, our (and all Company Parties) liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty Canadian Dollars (50 CAD). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms.
The exclusions above will apply to the maximum extent permitted by law, but Company does not exclude liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.
11. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Website will terminate immediately. Termination also includes deletion of your Account and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. You understand that any termination may involve deletion of Your Content associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. We will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: 1.5, 2.3, 3, 5, 6.3, 7, and 9nthrough 13. If you know or learn of usage that is in violation of these Terms, please let us know by contacting us at [email protected].
12. Procedure for Making Claims of Copyright Infringement. It is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website, in a way that constitutes copyright infringement, please provide at [email protected] the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Website of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Company’s Copyright Agent for notice of claims of copyright infringement is as follows: General Counsel, OSF Digital US Inc., [email protected].
13. GENERAL
13.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Website. These changes will be effective immediately. Continued use of our Website following notice of such changes indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
13.2 Electronic Communications. The communications between you and Company use electronic means, whether you use the Website or send us e-mails, or whether Company posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
13.3 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Website.
13.4 Waiver. A waiver by Company of any right or remedy under these Terms is only be effective if it is in writing, executed by a duly authorized representative of Company and will apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms will not operate as a waiver of such right or remedy, nor will it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy will preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
13.5 Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
13.6 Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
13.7 Relationship between you and us. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to Company is not of an independent contractor, and neither party is an agent or partner of the other.
13.8 Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms is binding upon assignees.
13.9 Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of Delaware. You agree that the courts of Delaware will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
13.10 Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at: [email protected]. For data protection matters, you can always contact us at [email protected].