We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use
the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will
continue and automatically renew unless
canceled. You consent to our charging your payment method on a recurring
basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable order.
The length of your billing cycle
will depend on the type of
subscription plan you choose when you subscribed to the
Services.
Cancellation
You can cancel your subscription
at any time by contacting us using the contact information provided
below. Your cancellation will take
effect at the end of the current paid term. If you have any
questions or are unsatisfied with our Services, please email us at
privacy@awwsm.co.
Fee Changes
We may, from time to time, make changes to the subscription fee
and will communicate any price changes to you in accordance with
applicable law.
You may not access or use the Services for any purpose other
than that for which we make the Services available. The Services
may not be used in connection with any commercial
endeavors
except those that are specifically endorsed or approved by
us.
As a user of the Services, you agree not to:
-
Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without
written permission from us.
-
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive
account information such as user passwords.
-
Circumvent, disable, or otherwise interfere with
security-related features of the Services,
including features that prevent or restrict the
use or copying of any Content or enforce
limitations on the use of the Services and/or the
Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Services.
-
Use any information obtained from the Services in
order to harass, abuse, or harm another
person.
-
Make improper use of our support services or
submit false reports of abuse or misconduct.
-
Use the Services in a manner inconsistent with
any applicable laws or regulations.
-
Engage in
unauthorized
framing of or linking to the Services.
-
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other
material, including excessive use of capital
letters and spamming (continuous posting of
repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or
maintenance of the Services.
-
Engage in any automated use of the system, such
as using scripts to send comments or messages, or
using any data mining, robots, or similar data
gathering and extraction tools.
-
Delete the copyright or other proprietary rights
notice from any Content.
-
Attempt to impersonate another user or person or
use the username of another user.
-
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as
"spyware" or
"passive collection mechanisms" or "pcms").
-
Interfere with, disrupt, or create an undue
burden on the Services or the networks or services
connected to the Services.
-
Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any
portion of the Services to you.
-
Attempt to bypass any measures of the Services
designed to prevent or restrict access to the
Services, or any portion of the Services.
-
Copy or adapt the Services' software, including
but not limited to Flash, PHP, HTML, JavaScript,
or other code.
-
Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a
part of the Services.
-
Except as may be the result of standard search
engine or Internet browser usage, use, launch,
develop, or distribute any automated system,
including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any
unauthorized
script or other software.
-
Use a buying agent or purchasing agent to make
purchases on the Services.
-
Make any
unauthorized
use of the Services, including collecting
usernames and/or email addresses of users by
electronic or other means for the purpose of
sending unsolicited email, or creating user
accounts by automated means or under false
pretenses.
-
Use the Services as part of any effort to compete
with us or otherwise use the Services and/or the
Content for any revenue-generating
endeavor
or commercial enterprise.
-
Use the Services to advertise or offer to sell goods
and services.
-
Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or
post content.
We may provide you with the opportunity to
create, submit, post, display, transmit,
perform, publish, distribute, or broadcast
content and materials to us or on the Services,
including but not limited to text, writings,
video, audio, photographs, graphics, comments,
suggestions, or personal information or other
material (collectively,
"Contributions"). Contributions may be viewable by other users
of the Services and through third-party
websites. As
such, any Contributions you transmit may be
treated in accordance with the Services' Privacy
Policy.
When you create or make available any
Contributions, you thereby represent and warrant
that:
-
The creation, distribution, transmission, public
display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not
infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
-
You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use
and to authorize
us, the Services, and other users of the Services to use
your Contributions in any manner contemplated by the
Services and these Legal Terms.
-
You have the written consent, release, and/or
permission of each and every identifiable individual
person in your Contributions to use the name or likeness
of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any
manner contemplated by the Services and these Legal
Terms.
-
Your Contributions are not false, inaccurate, or
misleading.
-
Your Contributions are not unsolicited or
unauthorized
advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of
solicitation.
-
Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined
by us).
-
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
-
Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and
to promote violence against a specific person or class
of people.
-
Your Contributions do not violate any applicable law,
regulation, or rule.
-
Your Contributions do not violate the privacy or
publicity rights of any third party.
-
Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
-
Your Contributions do not include any offensive
comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
-
Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Legal
Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other
things, termination or suspension of your rights to use
the Services.
You and Services agree that we may access, store, process, and
use any information and personal data that you provide
following the terms of the Privacy Policy
and your choices (including settings).
By submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback for
any purpose without compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
10. SOCIAL MEDIA
As part of the functionality of the Services, you may
link your account with online accounts you have with
third-party service providers (each such account, a
"Third-Party
Account") by
either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to
access your
Third-Party
Account, as is permitted under the applicable terms and
conditions that govern your use of each
Third-Party
Account. You represent and warrant that you are entitled
to disclose your
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 us access to any
Third-Party
Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you
have provided to and stored in your
Third-Party
Account (the "Social
Network Content") so that it is available on and through the Services 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 account with the
Third-Party
Account. Depending on the
Third-Party
Accounts you choose and subject to the privacy settings
that you have set in such
Third-Party
Accounts, personally identifiable information that you
post to your
Third-Party
Accounts may be available on and through your account on
the Services. Please note that if a
Third-Party
Account or associated service becomes unavailable or our
access to 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 Services. You will have the ability to
disable the connection between your account on the
Services and your
Third-Party
Accounts at any time. PLEASE NOTE 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
make no 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 Content. You acknowledge and agree
that we may access your email address book associated with
a
Third-Party
Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of
identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate
the connection between the Services and your
Third-Party
Account by contacting us using the 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.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services 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, video, 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 are not responsible
for any Third-Party Websites accessed through the Services or any
Third-Party Content
posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained
in the
Third-Party Websites or
the Third-Party Content.
Inclusion of, linking to, or permitting the use or 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 Services and access the
Third-Party Websites or
to use or install any
Third-Party Content, you
do so at your own risk, and you should be aware these Legal Terms
no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any
applications you use or install from the Services. 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 third party.
You agree and acknowledge that we do not endorse the products or
services offered on
Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase
of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any
Third-Party Content or
any contact with
Third-Party
Websites.
12. ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other
relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: https://www.awwsm.co/privacy-center/. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in
the
United States. If you access the Services
from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ
from applicable laws in
the
United States, then through your continued
use of the Services, you are transferring your data to
the
United States, and you expressly consent to
have your data transferred to and processed in
the
United States.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times.
We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services 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
Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by
and construed in accordance with the laws of
the State of
Delaware
applicable to agreements made and to be entirely performed
within the State of
Delaware, without
regard to its conflict of law principles.
18. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly
excluded below) will be finally and exclusively resolved by
binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT 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 AAA’s Supplementary Procedures for Consumer
Related Disputes ("AAA Consumer
Rules"), both of
which are available at the
American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules.
If such costs are determined by the
arbitrator to be excessive, we will pay all arbitration fees and
expenses. The
arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement 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
Delaware. Except as
otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay 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 Delaware, and the Parties hereby consent to, and waive all
defenses
of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Legal
Terms.
In no event shall any Dispute
brought by either Party related in any way to the Services be
commenced more than one (1) years
after the cause of action arose.
If this provision is
found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this
provision 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 the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to
utilize
class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions
concerning binding arbitration: (a) any Disputes seeking to enforce
or protect, or 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
use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect
to arbitrate any Dispute falling within that portion of this
provision 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 the personal jurisdiction of that court.
19. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior
notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE 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 SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (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 SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US
DURING THE
six (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the
Services; (2) breach
of these Legal Terms; (3) any breach of your representations and warranties set forth
in these Legal Terms; (4) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense
and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with
our defense
of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. 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.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic
means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by
us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any
and all defenses
you may have based on the electronic form of these Legal Terms and
the lack of signing by the parties hereto to execute these Legal
Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us at:
LEGAL NAME
,
DE
United States
privacy@awwsm.co