Website Terms of Use
WEBSITE TERMS OF USE
Last Updated on December 19, 2024
PLEASE REVIEW THESE TERMS OF USE BEFORE USING OUR WEBSITE. THIS TERMS OF USE INCLUDES TERMS THAT AFFECT YOUR RIGHTS, INCLUDING A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN PERMITTING JURY TRIALS OR CLASS ACTION LAWSUITS. BY USING OUR WEBSITE AND ANY OTHER SERVICES, YOU ARE THUS WAIVING YOUR RIGHTS TO RESOLVE DISPUTES WITH US THROUGH JURY TRIALS OR CLASS ACTION LAWSUITS.
Welcome to The Confident Connector!
The website at www.theconfidentconnector.com and any associated applications, tools, and utilities (collectively, the “Website” or “Site”) is owed by 7Verre Inc. dba The Confident Connector (the “Company,” “we,” “us”) and is hosted in the United States. This Website Terms of Use (the “Terms of Use,” “Terms,” or “Agreement”) governs your use of the Website, as well as any websites, applications, tools, or utilities that link back to this Agreement.
Our Agreement with you includes these Terms of Use, the Privacy Policy, and the Earnings Disclaimer Regarding Our Products, as well as any other agreements that are accessible through our Website or that we communicate with you in connection with any offered products or services, and all such other agreements are also incorporated herein.
This Agreement applies to any and all visitors to and users of this Site. THIS IS A BINDING AGREEMENT BETWEEN US AND YOU, ON BEHALF OF YOURSELF AND ANYONE FOR WHOM YOU ARE USING OUR SITE OR SERVICES.
YOUR ACCESS TO AND USE OF THIS WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF USE. BY USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE (INCLUDING ALL OTHER DOCUMENTS AND AGREEMENTS REFERENCED AND INCORPORATED HEREIN, INCLUDING THE PRIVACY POLICY AND EARNINGS DISCLAIMER). PLEASE READ THESE TERMS OF USE VERY CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING YOUR AGREEMENT TO ARBITRATION, AND OTHER IMPORTANT TERMS AFFECTING YOUR RIGHTS.
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING, STORING, AND/OR OTHERWISE UTILIZING THE SITE, THE SERVICES OR FUNCTIONS OFFERED IN OR BY THE SITE AND/OR THE CONTENTS OF THE SITE IN ANY WAY, YOU HAVE AGREED TO EACH AND ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE, WITHOUT LIMITATION OR QUALIFICATION. If you access the Site through a mobile application or widget, use may also be subject to terms of download and/or use of that application or widget, which you hereby agree to.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE (INCLUDING THE PRIVACY POLICY AND ANY OTHER DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED HEREIN), DO NOT ACCESS OR USE THIS SITE AND DISCONTINUE IMMEDIATELY ANY FURTHER USE OR ACCESS OF THIS WEBSITE.
No Users Under the Age of 18.
Persons under the age of eighteen (18) are not eligible to use this Website, and we ask that minors and children do not submit any personal or confidential information to us or otherwise access or use this Website.
PLEASE NOTE THAT ONLY PERSONS AGED 18 YEARS OR OVER MAY AGREE TO THE TERMS OF USE OF THIS WEBSITE, INCLUDING THE PRIVACY POLICY. PERSONS YOUNGER THAN 18 YEARS OF AGE MAY NOT ACCESS OR USE THIS WEBSITE OR ANY SERVICES AND PRODUCTS OFFERED THROUGH THE WEBSITE. By accessing or using this Site unsupervised (and/or registering for an account, where applicable), you warrant that you are eighteen (18) years of age or older.
Changes to these Terms.
We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these Terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these Terms periodically for changes and note the “Last Updated” date, which sets forth the date of the last revisions of these Terms. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes.
Accessing the Website.
We reserve the right to withdraw or amend this Website, and any services or materials we provide on the Website, in our sole discretion and without notice. We have no liability if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website or to the entire Website, and we will have no liability for any such restricted access.
You are responsible for making any arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain details or information about you (including any information we may need for registration or accounts, etc., to the extent we decide to allow accounts associated with this Website). It is a condition of your use of the Website that any and all information you provide to or on the Website is correct, current, and complete. You agree that all information you provide to us (including any information to register with this Website, to the extent we decide to have accounts or require registration, or otherwise), including, but not limited to, through the use of any interactive features we may have on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Intellectual Property Rights; Restrictions On Use of Website Materials.
All materials contained in the Site are the copyrighted works of the Company, or its affiliated companies and/or third-party licensors. No material from the Site or any Internet site owned, operated, licensed, or controlled by us or by other parties for our benefit may be copied, “scraped,” “mirrored”, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these Terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download (where applicable) one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end-user license agreement for such applications.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this Site.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
· You must not access or use for any commercial purposes any part of the Website or any Services or materials available through or on the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other applicable laws.
In the event you are permitted to download any software from the Site, mobile applications, or as part of any of our products or services, the software, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your use in connection with the Site or as otherwise expressly stated by us. We do not transfer title to the Software to you. You may own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all underlying intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress, and trade names are proprietary to the Company or our licensors or partners and may not be used by anyone for any purpose without our prior express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, trade names, trade dress, or other proprietary information or works (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks, or other proprietary information without our prior express written consent. We consider our names, logos, trademarks, service marks, trade dress, and trade names to be valuable assets, and take infringement of them seriously.
If you wish to make any use other than set out in these Terms of Use of any material or works that are displayed or accessible on our Website, mobile applications, or through any of our services, please email us at info@theconfidentconnector.com.
Prohibited Conduct.
You may use the Website (and any of our products or services) only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate The Confident Connector or any Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or our other services, or that, as determined by us, may harm us or users of the Website or other services, or may expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in the Terms of Use, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
Contributions by Users.
Please understand that, as a general matter, our policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. Please do not send us any unsolicited original creative materials of any kind. While we do value your feedback on the Site and in connection with any services we offer, we request that you be specific in your comments with respect to the same, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
We do not currently permit users to send, upload, or submit content or materials to our Site. However, to the extent you may be permitted at some time to send, upload, or submit certain content or materials to our Website or in connection with any interactive services, including, for example, in a Forum (defined below in the “Contributions in Forums and Other Public Communications” section), please realize that your submitted contributions (whether sent directly or through a Forum or any other interactive services, and including any creative suggestions, ideas, notes, drawings, concepts, communications, text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, or other content or information (collectively, the “contributions”)) shall be deemed, and shall remain, our property. None of the contributions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any contributions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the contributions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the contributions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the contributions.
To the extent you are permitted to submit any contributions, please note that, by making a contribution, you agree that such contribution is non-confidential, non-proprietary, and may be disseminated or used by the Company. But we are not required to use any contributions. You are solely responsible for your contribution, the consequences of making a contribution, and your reliance on any contribution. The Company is not responsible for the consequences of any contribution. We are not responsible for screening or monitoring contributions by users made to this Site (including via any Forum). If notified by a user of a contribution allegedly in violation of this Agreement, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove such contribution. We will have no liability or responsibility to users for performance or nonperformance of such activities.
You agree that you will not make any contribution that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party.
You represent and warrant that: (a) you own or control all rights in and to any contributions submitted to us and have the right to grant any licenses or assignments set forth herein to use; and (b) all of your contributions will be in compliance with this Terms of Use.
Additionally, you agree that you will not: (a) make any contribution that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a contribution to a Forum unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site or any services, or which, in the judgment of the Company, exposes us or any of our licensors, partners, or customers to any liability or detriment of any type.
We reserve the right (but are not obligated) to: (a) monitor the dialogue on the Site; (b) investigate an allegation that a contribution does not comply with this Agreement (including the Acceptable Use Policy) and determine in its sole discretion to remove or request the removal of the contribution; (c) remove contributions that are abusive, illegal, disruptive, or outdated, or otherwise fail to comply with this Agreement (including the Acceptable; (d) terminate a user's access to any or all parts of the Site (and our other Services) upon any breach of this Agreement (including the Acceptable Use Policy) or applicable law; (e) monitor, edit, or disclose any contribution; (f) disclose your identity or other information about you to any third party who claims that material posted by you violate their rights, including their intellectual property rights or their right to privacy; (g) edit or delete any contribution posted on the Site (and/or on any Forum), regardless of whether such contribution violates this Agreement (including the Acceptable Use Policy); or (h) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Contributions in Forums and Other Public Communications.
While we do not currently have any “Forums,” please review the terms in this section (and the above section) to the extent we decide to have any “Forums.”
A “Forum” means and refers to a chat area, message board, e-mail function, or other interactive function or element that may be offered from time to time as part of the Site or our services. If you participate in a Forum within the Site or through our other services, you must comply with these Terms of Use, and you must not: (i) defame, abuse, harass or threaten others; (ii) make any bigoted, hateful or racially offensive statements; (iii) advocate illegal activity or discuss illegal activities with the intent to commit them; (iv) post or distribute any material that infringes and/or violates any right of a third party or any applicable law; (v) post or distribute any vulgar, obscene, discourteous, or indecent language or images; (vi) advertise or sell to, or solicit others; (vii) use the Forum for commercial purposes of any kind other than to facilitate a transaction on the Site or to engage in other expressly permissible non-commercial activities; (viii) post or distribute any software or other materials that contain a virus or other harmful component; or (ix) post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board. You shall remain solely responsible for the content of your messages and other contributions and shall indemnify and hold the Indemnified Parties (defined below) harmless for the content of such messages or contributions. We reserve the right to remove or edit content from any Forum or from the Website at any time and for any reason.
By uploading materials to any Forum or otherwise submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived or, if not waivable, will not be asserted.
Please realize that when participating in a Forum, you should never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated/interactive content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment or other important decisions based solely or largely on information you cannot confirm. We are not responsible for the content or accuracy of any such information, and shall not be responsible for any trading, investment, or other decisions that you are anyone else makes based on such information.
Promotional Information.
The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions, and restrictions. Please refer to and read carefully the terms, conditions, and restrictions of each Promotional Offer. The Company reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
Links to/from Other Sites.
Links to other sites we think may be of interest to you may be provided for your convenience. By providing these links, we are not endorsing, sponsoring, or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services, or other situations at or related to or from any other site.
You should exercise discretion while browsing the Internet and using the Site or other services. You should be aware that when you are using the Site, you could be directed to other sites that are beyond our control. There may be links to other sites from the Site pages that take you outside of the Site. For example, if you “click” on a banner advertisement or a search result, the “click” may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.
We reserve the right to disable links from any third-party sites to the Site.
We make no representations concerning the content and safety of other sites, including any sites that may be listed in any of our Site's directories or referenced elsewhere on the Site. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in any search results or otherwise linked to our Site or accessible from our Site.
Please keep in mind that whenever you give out information online, that information can be collected and used by people you don't know. We cannot, and do not, guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Linking to the Website and Social Media Features.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Website.
· Send emails or other communications with certain content, or links to certain content, on this Website.
· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Website other than the homepage.
· Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use (including the Acceptable Use Policy).
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Geographic Restrictions.
The owner of this Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and risk, and are responsible for compliance with local laws.
Disclaimers.
YOU AGREE THAT YOU USE THE SITE AND OUR OTHER SERVICES AT YOUR OWN RISK. THE CONTENT AND MATERIALS IN THE SITE AND OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO THE SITE OR OF ANY OF OUR OTHER SERVICES. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE OR OUR OTHER SERVICES WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS, OR THE SERVERS THAT MAKE AVAILABLE THE SITE (AND ITS CONTENT AND MATERIALS) OR OTHER SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE SITE OR OF OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the safety, legality, accuracy, content, or availability of information found on sites that link to or from our Website. We cannot ensure that you will be satisfied with any services that you access on or purchase from us or the Site or from a third-party site that links to or from the Site or third-party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security or confidentiality of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties (defined below) with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays, or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, email, form postings, connections, messages or entries, or the security of any and all such matters.
Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or other third parties, or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site.
We may prohibit you from participating in or utilizing the Site if, in our sole and absolute discretion, you show a disregard for this Agreement or otherwise act in an inappropriate manner, including with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content, or cancel reservations in our sole and absolute discretion.
If for any reason any portion of the Site is not capable of functioning as planned, including as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Company, we reserve the right (but undertake no obligation) in our sole and absolute discretion, to prohibit you from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such information.
You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss, or damage to your computer or interception or use of credit card information or any other personal or sensitive information, related to or resulting from use of the Website or any sites, services or materials linked or related thereto or therefrom and that the Indemnified Parties are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Website operating or not operating on computers or networks used by you or communicating with such computers or networks.
To the extent we list, reference, or link to third party services, our Website may act as the venue for suppliers to sell services (or, as appropriate, solicit offers to buy) and buyers to purchase such services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users that is made available through the Website. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Website. Please note that there are also risks of dealing with foreign nationals, underage persons, or people acting under false pretense.
Although we intend that descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions in the Site are accurate, complete, current, or reliable in any or all respects.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.
Search and directory services may be offered in connection with the Site. No search engine technology can possibly have all accessible information at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in any search index or directory offered in connection with the Site.
The Site may contain technical inaccuracies or typographical errors or omissions in connection with information displayed on the Site, including, without limitation, rates, fees, or availability applicable to your transaction. The Company is not responsible for any typographical, photographic, technical, or pricing errors listed on our Site. The Company reserves the right to make changes, corrections, and/or improvements to the Site, and to the Services and programs described in such information, at any time without notice, including after confirmation of a reservation.
Indemnification (and “Indemnified Parties”).
You hereby indemnify, defend, and hold us and each of our partners, subsidiaries, parents, affiliates, franchisees, licensees, licensors, and each of our and such person’s or entity’s members, officers, directors, agents, representatives, contractors, subcontractors, licensees, permittees, and employees (collectively, the “Indemnified Parties”) harmless from and against any and all third-party allegations, demands, claims, liabilities, damages, fines, penalties, or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising out of or in any way connected with this Agreement, the Website, or the services provided by us (including those provided on, through, or by the Site) in connection with any related act or failure to act by you, whether or not occasioned or contributed to by the negligence of the Company or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from any account you may have with us, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trademark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws of any kind or nature. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability; Damages Cap.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE SERVICES OR FUNCTIONS OF THE SITE), OR OUR SERVICES, OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR OUR SERVICES OR YOUR RELIANCE UPON THE SITE (INCLUDING THE CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE), OUR SERVICES, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE OUR SERVICES OR THE SITE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR THE SITE (OR ANY OF THE SERVICES OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE), YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND OUR SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
Jurisdictional Issues, Including Availability in Foreign Jurisdictions and Export Control.
The content and services described in and available through the Site may not be available in your country. We make no representation that the services or content offered in or featured on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation.
The Site is operated from the United States, and it is possible that some Software from the Site may be subject to United States export controls. No Software from the Site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country subject to a U.S. or U.N. embargo or sanction; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, where permitted, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.
Termination of Access.
Your access to the Site may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this Agreement. Notwithstanding the termination of this Agreement, you acknowledge and agree that those rights and obligations that by their nature are intended to survive the termination of this Agreement in order to be fully operative, shall survive the termination of this Agreement including, without limitation, the following provisions hereof: (i) Intellectual Property Rights; Restrictions On Use of Website Materials.; (ii) Prohibited Conduct (iii) Contributions by Users; (iv) Contributions in Forums and Other Public Communications; (v) Disclaimers; (vi) Indemnification; (vii) Limitations on Liability Damages Cap; (viii) Dispute Resolution and Arbitration; (ix) Notice and Procedure for Making Claims of Copyright Infringement; and (x) General Provisions.
Dispute Resolution and Arbitration.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Binding Arbitration with JAMS. In the event of any dispute, claim or controversy (collectively “Dispute”) between you and the Company, including but not limited to Disputes arising from the Terms of Use, Privacy Policy, or Earnings Disclaimer, any purchases you may be permitted to make via this Website, or any other claims whether in contract, tort or otherwise related to or arising out of your interactions with the Company or your use of this Website, you hereby consent and agree that such Dispute shall be settled by binding arbitration by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”), which are available at www.jamsadr.com. If, for any reason, JAMS is unable to provide the arbitration services, then you or we may file a Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules.
Initiating Arbitration; Certification. In order to initiate arbitration, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
Forum; Language. The hearing shall be conducted in the City of Pasadena, California. The language of the arbitration shall be English.
Arbitrator’s Decision. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding upon all parties, and any award of the arbitrator may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability, or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
Prevailing Party. The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorneys’ fees, and similar costs related to collecting an arbitrator’s award, will be added to, and become a part of, the amount due pursuant to this provision. Any questions involving contract interpretation shall use the laws of California.
Exceptions to Arbitration. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration: (i) Either party may seek provisional remedies in aid of arbitration from a court of appropriate jurisdiction, subject to the forum selection provisions set forth herein. (ii) Either party may bring an action in state or federal court that asserts only claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions set forth herein. (iii) Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction.
If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.
NO CLASS ACTIONS OR COLLECTIVE ACTIONS, ETC. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION. YOU THUS WAIVE YOUR RIGHT TO BRING ANY DISPUTE AGAINST US AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION
Statute of Limitations. To the fullest extent allowed by law, you and we agree that if any Dispute has a statute of limitations in excess of one year, such Dispute must be filed within one year after the Dispute accrued or it will be forever barred.
Unenforceability of the Terms of this Section. If any provision in this Dispute Resolution and Arbitration Section of these Terms is found to be unenforceable, that provision shall be severed with the remainder of this Section of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.
Your Right to Opt Out of Arbitration/Class Action Provisions. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending us written notice of your decision to opt-out. The notice must be sent within thirty (30) days of your first use of the Site, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
General Provisions.
All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail or, if by Company, by posting such notice on the Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to the Site.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site.
This Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any principles of conflicts of law.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver of the terms of this Agreement shall be binding unless executed in writing by the party making the waiver.
The Terms of Use, our Privacy Policy, Earnings Disclaimer, and any other documents or agreements linked or referenced on our Website, constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Feedback; Assistance.
Any feedback, comments, requests for assistance, and other communications relating to the Website should be directed to info@theconfidentconnector.com.