Terms of Service
AGREEMENT TO TERMS
behalf of an entity (“you”) and Conversful, Inc., doing business as Conversful ("Conversful",
“us”, or “our”), concerning your access to and use of the http://www.conversful.com website as
as any other media form, media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site,
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion,
right to receive specific notice of each such change. It is your responsibility to periodically
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
local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so
your interactions would be subjected to such laws, you may not use this Site. You may not use
Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the permission of,
be directly supervised by, their parent or guardian to use the Site. If you are a minor, you
INTELLECTUAL PROPERTY RIGHTS
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
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein
“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
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
the Site and to download or print a copy of any portion of the Content to which you have
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) all registration information you submit
be true, accurate, current, and complete; (2) you will maintain the accuracy of such information
promptly update such registration information as necessary; (3) you have the legal capacity and
minor in the jurisdiction in which you reside, or if a minor, you have received parental
to use the Site; (6) you will not access the Site through automated or non-human means, whether
through a bot, script, or otherwise; (7) you will not use the Site for any illegal or
purpose; and (8) 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
right to suspend or terminate your account and refuse any and all current or future use of the
(or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and
be responsible for all use of your account and password. We reserve the right to remove,
change a username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
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
are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. 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
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site,
features that prevent or restrict the use or copying of any Content or enforce limitations on
use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorized framing of or linking to the Site.
10. 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
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.
11. Engage in any automated use of the system, such as using scripts to send comments or
or using any data mining, robots, or similar data gathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. Sell or otherwise transfer your profile.
15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive
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”).
16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing
portion of the Site to you.
18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the
or any portion of the Site.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in
way making up a part of the Site.
21. Except as may be the result of standard search engine or Internet browser usage, use,
develop, or distribute any automated system, including without limitation, any spider, robot,
utility, scraper, or offline reader that accesses the Site, or using or launching any
script or other software.
22. Use a buying agent or purchasing agent to make purchases on the Site.
23. Make any unauthorized use of the Site, including collecting usernames and/or email addresses
users by electronic or other means for the purpose of sending unsolicited email, or creating
accounts by automated means or under false pretenses.
24. 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.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit,
display, transmit, perform, publish, distribute, or broadcast content and materials to us or on
Site, including but not limited to text, writings, video, audio, photographs, graphics,
suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through third-party websites. As
any Contributions you transmit may be treated as non-confidential and non-proprietary. When you
create or make available any Contributions, you thereby represent and warrant that:
1. 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
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases,
permissions to use and to authorize us, the Site, and other users of the Site to use your
3. 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
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite,
or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from
under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or
intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race,
origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any
among other things, termination or suspension of your rights to use the Site.
By posting your Contributions to any part of the Site or making Contributions accessible to the
by linking your account from the Site to any of your social networking accounts, you
grant, and you represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions, and grant and
sublicenses of the foregoing. The use and distribution may occur in any media formats and
any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial images you provide.
waive all moral rights in your Contributions, and you warrant that moral rights have not
been asserted in your Contributions.
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
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
Site and you expressly agree to exonerate us from any and all responsibility and to refrain from
legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change
Contributions; (2) to re-categorize any Contributions to place them in more appropriate
the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason,
notice. We have no obligation to monitor your Contributions.
As part of the functionality of the Site, you may link your account with online accounts you
with third-party service providers (each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the Site; or (2) allowing us to
your Third-Party Account, as is permitted under the applicable terms and conditions that govern
use of each Third-Party Account. You represent and warrant that you are entitled to disclose
Third-Party Account login information to us and/or grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party Account. By granting
access to any Third-Party Accounts, you understand that (1) we may access, make available, and
(if applicable) any content that you have provided to and stored in your Third-Party Account
“Social Network Content”) so that it is available on and through the Site via your account,
including without limitation any friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are notified when you link your
with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to
privacy settings that you have set in such Third-Party Accounts, personally identifiable
that you post to your Third-Party Accounts may be available on and through your account on the
Please note that if a Third-Party Account or associated service becomes unavailable or our
such Third Party Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will have the ability to disable
connection between your account on the Site and your Third-Party Accounts at any time. PLEASE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We
effort to review any Social Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for any Social Network
You acknowledge and agree that we may access your email address book associated with a
Account and your contacts list stored on your mobile device or tablet computer solely for
of identifying and informing you of those contacts who have also registered to use the Site. You
deactivate the connection between the Site and your Third-Party Account by contacting us using
contact information below or through your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained through such Third-Party Account,
except the username and profile picture that become associated with your account.
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
become our sole property. We shall own exclusive rights, including all intellectual property
and shall be entitled to the unrestricted use and dissemination of these Submissions for any
purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby
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
recourse against us for any alleged or actual infringement or misappropriation of any
right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,
information, applications, software, and other content or items belonging to or originating from
third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we
not responsible for any Third-Party Websites accessed through the Site or any Third-Party
posted on, available through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use
installation of any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites
use or install any Third-Party Content, you do so at your own risk, and you should be aware
privacy and data gathering practices, of any website to which you navigate from the Site or
to any applications you use or install from the Site. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable
party. You agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of
products or services. Additionally, you shall hold us harmless from any losses sustained by you
harm caused to you relating to or resulting in any way from any Third-Party Content or any
with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these
of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to,
the availability of, or disable (to the extent technologically feasible) any of your
or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability,
remove from the Site or otherwise disable all files and content that are excessive in size or
any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to
our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy
is hosted in the United States. If you access the Site from any other region of the world with
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. Further, we do not knowingly accept, request, or solicit
from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s
Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13
provided personal information to us without the requisite and verifiable parental consent, we
delete that information from the Site as quickly as is reasonably practical.
We respect the intellectual property rights of others. If you believe that any material
or through the Site infringes upon any copyright you own or control, please immediately notify
using the contact information provided below (a “Notification”). A copy of your Notification
sent to the person who posted or stored the material addressed in the Notification. Please be
advised that pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or
to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
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
LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT
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
pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for
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
without notice at any time. We will not be liable to you or any third party for any
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
or other problems or need to perform maintenance related to the Site, resulting in
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
Use will be construed to obligate us to maintain and support the Site or to supply any
updates, or releases in connection therewith.
laws of the State of New York applicable to agreements made and to be entirely performed within
State of New York, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
those Disputes expressly excluded below) will be finally and exclusively resolved through
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the
Consumer Rules. The arbitration may be conducted in person, through the submission of documents,
phone, or online. The arbitrator will make a decision in writing, but need not provide a
of reasons unless requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place in New York, New York.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration,
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
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 New York, New York, and the
Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum
conveniens with respect to venue and jurisdiction in such state and federal courts. Application
the United Nations Convention on Contracts for the International Sale of Goods and the the
In no event shall any Dispute brought by either Party related in any way to the Site be
more than one (1) years after the cause of action arose. If this provision is found to be
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
this provision found to be illegal or unenforceable, and such Dispute shall be decided by a
competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
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
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
basis or to utilize class action procedures; and (c) there is no right or authority for any
to be brought in a purported representative capacity on behalf of the general public or any
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect,
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
and (c) any claim for injunctive relief. If this provision is found to be illegal or
then neither Party will elect to arbitrate any Dispute falling within that portion of this
found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to
personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or
including descriptions, pricing, availability, and various other information. We reserve the
to correct any errors, inaccuracies, or omissions and to change or update the information on the
Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND
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,
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
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
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
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,
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
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
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $10,000.00 USD. CERTAIN US
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
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
all of our respective officers, agents, partners, and employees, from and against any loss,
liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any
party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these
(5) your violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) 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
and you agree to cooperate, at your expense, with our defense of such claims. We will use
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
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
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.
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
notices, disclosures, and other communications we provide to you electronically, via email and
the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
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
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
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.
Site constitute the entire agreement and understanding between you and us. Our failure to
or all of our rights and obligations to others at any time. We shall not be responsible or
for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable
unenforceable, that provision or part of the provision is deemed severable from these Terms of
and does not affect the validity and enforceability of any remaining provisions. There is no
venture, partnership, employment or agency relationship created between you and us as a result
against us by virtue of having drafted them. You hereby waive any and all defenses you may have
In order to resolve a complaint regarding the Site or to receive further information regarding
of the Site, please contact us at:
151 Frost Street
Brooklyn, NY 11211