Last updated Dec, 14 2021
AGREEMENT TO TERMS
of an entity (“you”) and Bytezombie.com (“we,” “us” or “our”), concerning your access to and use of the https://Bytezombie.com website as well 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, you
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any
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 extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use
or register for the Site.
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 Site (collectively, the “Content”)
and the trademarks, service marks, and logos contained therein (the “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, foreign jurisdictions, and international conventions. The Content
and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly
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
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to which you have properly 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) you have the legal capacity and you agree to comply with
through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site
for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
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 that 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 us.
2. Make any unauthorized use of the Site, 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.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. 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.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. 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.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any
portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of
the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
20. 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 Site or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Site.
21. 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”).
22. 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 Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
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, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, 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 Site and through third-party websites. As
such, 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 rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions
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 contemplated by the Site and
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, encourage, 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 anyone 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 federal or state law concerning child pornography, or otherwise
intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these
things, termination or suspension of your rights to use the Site.
By posting your Contributions to any part of the Site, you automatically 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, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, 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 authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through 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. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise 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 your 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 the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions;
(2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to prescreen
or delete any Contributions at any time and for any reason, without notice. We have no obligation to
monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with
the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your
reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion, race, gender, national origin, age, marital status,
sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the
legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a
campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We
do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to reviews.
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 shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use
and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive 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 be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES 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, 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 Site or any
Third-Party Content 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 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 Site
and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and
including privacy and data gathering practices, of any website to which you navigate from the Site or relating 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 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 harmless from any
harm caused by your purchase of such products or services. Additionally, you shall hold us harmless 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.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as
sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for
any advertisements you place on the Site and any services provided on the Site or products sold through those
advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to
place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and
contractual rights. We simply provide the space to place such advertisements, and we have no other relationship
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 Site 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 Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Site.
European Union, Asia, or 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 Site, 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. Further, we do not knowingly accept, request, or solicit
information 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 has provided
personal information to us without the requisite and verifiable parental consent, we will 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 available on or through the
Site infringes upon any copyright you own or control, please immediately notify us using the contact information
provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that pursuant to federal 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 linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
DISCRETION AND 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 BREACH OF ANY REPRESENTATION, WARRANTY, OR
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE 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.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any 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 Site without notice at any time. We will not be liable to
you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in interruptions, 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
any corrections, updates, or releases in connection therewith.
State of Indiana applicable to agreements made and to be entirely performed within the State of Indiana,
without regard to its conflict of law principles.
(each a “Dispute” and collectively, the “Disputes”) brought by either you or us (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 (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 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 AAA Consumer Rules. 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 United States County, IN. 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 United States County, IN, 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 the Uniform Computer Information Transaction Act (UCITA) are excluded
In no event shall any Dispute brought by either Party related in any way to the Site 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.
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 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, 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.
There may be information on the Site 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 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 OUR 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, 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 SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE 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 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 ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, 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 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
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 SITE, 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 $1,000.00 USD. CERTAIN STATE 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.
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)
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 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.
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 that 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 agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, 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 SITE. 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.
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.
constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any
Use 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
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable
no joint venture, partnership, employment or agency relationship created between you and us as a result of these
having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these