#YohanesTech: Phrases & Circumstances of Use
Your use of or entry to this product [web site (the “Web Site”) and/or cell app (the “Mobile App”)] constitutes your settlement to be certain by these phrases and circumstances of use.
The Net Web site (and/or Cellular App) is a service made out there by YohanesTech Group. (“Provider”) and all content material, data, providers and software program ordered or supplied on or via this Net Web site, in complete or partly (“Content”) could also be accessed, utilized or used manually or programmatically (“Use” or “Used” by a “User”) solely underneath the next phrases and circumstances (“Terms and Conditions of Use”).
1. Product (Net Web site or Cellular App) Restricted License. As a Consumer of this Product you might be granted a nonexclusive, nontransferable, revocable, restricted license to entry and Use this Net Web site and Content material in accordance with these Phrases and Circumstances of Use. Supplier might terminate this license and discontinue your use of this Net Web site and the Content material at any time for any cause.
1.2 A few of Supplier’s providers perform as on-line bulletin boards for third celebration service suppliers to record their providers, together with with out limitation the Graphiq Care part (collectively “Listing Services”.) Itemizing Companies are solely supplied on situation of your acceptance of sure Extra Phrases and Circumstances of Service (“ATOS”), out there at backside of those Phrases of Service. Your use of Itemizing Companies constitutes your settlement to all ATOS.
1.three You should be 18 years outdated and capable of type a legally binding contract to be eligible to make use of the Net Web site or any of Supplier’s providers.
2. Limitations on Use; Third Social gathering Communications; Social Community Platforms.
2.1 Limitations on and Scope of Use. The Content material on this Net Web site is in your private Use solely and never for industrial exploitation, enhancement, verification or validation. However the foregoing and to the extent this Net Web site gives digital commerce, such shopping for alternatives could also be made out there for group in addition to private buying, as long as you might be licensed to make purchases on behalf of such group.
2.1a Embeddable Visualization Phrases of Use:
Supplier grants you a non-exclusive, non-transferable, non-sublicensable, revocable, restricted license to:
(i) show and use the Supplier embeddable visualizations (which, for the avoidance of doubt, represent Content material) in your domains; and
(ii) set up and use the Supplier Visible Search Plugin.
You’ll not take away, distort or alter any ingredient of the Supplier embeddable visualizations and/or the hyperlinks contained therein. You’ll not show Supplier embeddable visualizations on a web site that violates any legislation or regulation or in a fashion that’s deceptive, defamatory, infringing, libelous, disparaging, or obscene
2.1b Phrases and Circumstances of Use.
Chances are you’ll not Use the Net Web site and/or any Content material to:
1. Conduct industrial or promotional actions or gross sales efforts with out prior written consent.
2. Present content material associated to playing, together with with out limitation any on-line on line casino, sports activities books, bingo or poker.
three. Present or facilitate unlawful contests, pyramid schemes, sweepstakes or chain letters.
four. Infringe upon the rights of any third celebration, together with mental property rights, privateness, publicity or different private or proprietary proper, or that’s misleading or fraudulent.
5. Copy, modify, reproduce, republish, distribute, show, or transmit for industrial, non-profit or public functions all or any portion of this Net Web site, besides to the extent permitted above or with prior written consent from Supplier.
6. Manually extract, decompile, reverse engineer, disassemble, hire, lease, mortgage, promote, sublicense, or create spinoff works from this Net Web site or the Content material with out prior written consent from Supplier.
7. Decide the positioning structure or to extract knowledge or details about utilization, particular person identities or customers, by way of use of any community monitoring or discovery software program or in any other case.
eight. Monitor, copy, scan, evaluate, index, mirror, ping or validate our Net Web site or the Content material with out Supplier’s prior written permission, by way of robotic, spider, different automated software program or gadget, course of, method or methodology, handbook or in any other case (strategies resembling net scraping, harvesting, knowledge extraction, knowledge validation or verification are prohibited).
9. Contribute content material that accommodates restricted entry mechanisms, hidden content material of any type, or make the most of SQL injection or cross web site scripting strategies.
10. Transmit any laptop virus, worm, defect, Trojan Horse, or another merchandise of a damaging nature, or to add any virus or malicious code.
11. Transmit any false, deceptive, fraudulent or unlawful communications, data or knowledge.
12. Phishing, spoofing, unlawful or fraudulent exercise or to violate legal guidelines in your jurisdiction.
13. Entry unauthorized data.
14. Solicit data from minors or to hurt or threaten to hurt minors.
15. Assault, threaten violence, stalk, harass, incite, hurt, or intimidate another person, individual or group, or to have interaction in another threatening conduct.
16. Transmit or publish any materials that’s abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of one other’s privateness, hateful, or racially, ethnically, or in any other case objectionable, for instance, any supplies containing slurs, hate speech or which assault a person or group on the premise of race, colour, faith, nationwide origin, or sexual preferences.
17. Transmit any unsolicited or unauthorized promoting, promotional supplies, unsolicited mail, spam (sending the identical message a number of occasions or to a number of folks can be handled as spam), chain letters, contests, pyramid schemes, surveys, or another type of solicitation or mass messaging, whether or not industrial in nature or not.
18. Export or re-export this Net Web site or any portion thereof, or the Content material in violation of the export management legal guidelines and rules of the US of America.
2.2. Third Social gathering Communications. As used herein, Third Social gathering Communications means any communications directed or associated to you from any third celebration instantly or not directly. Supplier disclaims all legal responsibility for any communications it’s possible you’ll obtain from any third celebration or any actions it’s possible you’ll take or chorus from taking on account of any Third Social gathering Communications. You’re solely chargeable for assessing and verifying the identification and trustworthiness of the supply and content material of any Third Social gathering Communications. Supplier assumes no accountability for verifying and makes no representations or warranties concerning the identification or trustworthiness of the supply or content material of any Third Social gathering Communications.
2.three Third Social gathering Platforms. It might be potential to entry the Net Web site by way of a 3rd celebration social community, electronic mail service, and so on. together with however not restricted to Fb or Fb Join (“Third Party Platforms”). Entry to the Net Web site by way of a Third Social gathering Platform might solely be granted, when you explicitly enable it, via an interface supplied by the Third Social gathering Platform. Third Social gathering Communications then could also be allowed by way of the Third Social gathering platform.
In the event you entry the Net Web site by way of a Third Social gathering Platform then sure exercise or actions you tackle the Net Web site could also be viewable as a “story” or a feed on that Third Social gathering Platform, and thus could also be searchable or viewable in different on-line places additionally. You might be able to management or change the “stories” that may be revealed on the Third Social gathering Platform by modifying your settings on that web site. Now we have no management over and should not answerable for Third Social gathering Communications or to be used of any Third Social gathering Platform, together with with out limitation the feeds revealed by Third Social gathering Platforms.
In the event you entry the Net Web site by way of a Third Social gathering Platform then all knowledge collected, accessed or saved from that third celebration, or content material shared again to or utilized by that third celebration, can be collected, shared or utilized in compliance with the phrases and insurance policies of that Third Social gathering Platform and Supplier shall don’t have any legal responsibility for any knowledge collected, accessed or saved by such third celebration.
As we should not have management over the person interface supplied by Third Social gathering Platforms, we don’t take any accountability for any adjustments or issues with the interface or alternate of data supplied by any of them. Now we have no management over the privateness insurance policies of Third Social gathering Platforms. Neither do we now have any management over or accountability for the data or content material collected by such web sites and platforms. In the event you entry the Net Web site via a Third Social gathering Platform then we encourage you to turn into acquainted with the privateness insurance policies and practices of that web site or platform.
three. Not Skilled Recommendation. Content material isn’t supposed to and doesn’t represent authorized, medical, monetary or another skilled recommendation. There is no such thing as a attorney-client, doctor-patient or different skilled relationship, neither is something submitted to this Net Web site handled as confidential. The accuracy, completeness, adequacy or foreign money of the Content material isn’t warranted or assured. Your Use of Content material on this Net Web site or of supplies linked from this Net Web site is at your personal threat.
four. Mental Property Rights. Besides as expressly supplied in these Phrases and Circumstances of Use, nothing contained herein shall be construed as conferring any license, possession or different property proper, by implication, estoppel or in any other case, underneath copyright or different mental property rights. You agree that the Content material and Net Web site are protected by copyrights, emblems, service marks, patents or different proprietary rights and legal guidelines. Graphiq, the Graphiq emblem and all different Supplier emblems, service marks, product names, and commerce names of Supplier showing on or along with this Net Web site or Service are owned by Supplier. Supplier makes no representations as to the possession and respective rights of any logos, emblems, service marks, product names, and commerce names of entities listed on this Net Web site. Supplier doesn’t grant you the precise to make use of or show any trademark, service mark, product identify, commerce identify or emblem showing on this Net Web site with out the respective proprietor’s prior written consent. For additional data see Copyright Discover.
four.1 The supply of the Neighborhood knowledge factors embrace LPS, The Nielsen Firm 2014, Maponics Inc., and The US Census Bureau. The Data is deemed dependable however not assured. Maponics College Boundaries, Maponics Neighborhood Boundaries, Maponics Subdivision Boundaries, and Maponics Context Maponics 2014 Duplication is Strictly Prohibited. www.maponics.com
four.2 Supplier doesn’t assure that your use of any knowledge or Content material meets the necessities of any relevant native, state, federal or worldwide legislation, rule or regulation associated to the utilization of contact knowledge together with, however not restricted to, wi-fi suppression lists, wi-fi area lists, industrial e-mail legal guidelines, telemarketing legal guidelines and “Do-Not-Call” lists. Sure contact knowledge has not been obtained instantly from the info topics and that the info topics haven’t opted in or in any other case expressly consented to having their data offered for advertising and marketing functions. You shall use good religion efforts to speak to Supplier all complaints, inquiries and opt-outs (“requests”) made by any knowledge topic with respect to the info. For functions of clarification, you shall solely present discover to Supplier if a knowledge topic requests the identification of the unique supply of the database. You shall not want to tell Supplier of information topic requests to be faraway from your personal advertising and marketing campaigns.
5. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Supplier has registered an agent with the US Copyright Workplace in accordance with the phrases of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections underneath the Act. Supplier reserves the precise to take away any Content material that allegedly infringes one other individual’s copyright. Supplier reserves the precise to terminate, in its sole discretion, subscribers and account holders of the Supplier’s system or community who’re repeat infringers of one other individual’s copyright. Notices to Supplier concerning any alleged copyright infringement must be directed to:
157 Adelaide Road West, # 825.
Toronto, ON M5H 4E7.
Electronic mail: email@example.com
If you’re a copyright proprietor, or licensed to behave on behalf of a copyright proprietor or pursuant to any unique proper underneath copyright, report your declare of infringement by finishing the next type under and delivering it to the above contact.
Submitting a Discover of Alleged Copyright Infringement
The next data should be submitted to Supplier within the type of a fax, written letter or electronic mail:
1. Establish and supply a short description of the copyrighted work(s) that you simply imagine has been infringed upon;
2. Sufficiently establish the content material you imagine is infringing, and embrace (if potential) the URL of the web page on the Supplier web site wherein the fabric might be discovered;
three. Present Supplier with adequate contact data, together with your full authorized identify, e-/mailing handle and phone quantity;
four. The next statements should be included within the discover of alleged copyright infringement:
“I hereby declare that I belief in good faith that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
“I hereby swear that the claimed information is accurate to the best of my knowledge and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that has been infringed.”
“I give my permission to pass my contact information to the alleged infringing party.”
If the content material in dispute originates from a 3rd celebration web site or supply, please present us notification as to which of the next apply:
Show and/or entry to the fabric on the originating web site have been disabled.
Beneath court docket order, the fabric be faraway from the originating web site.
Beneath court docket order, entry to the fabric on the originating web site is disabled.
Present the copyright proprietor’s full authorized identify and their digital or bodily signature. If the proprietor isn’t capable of signal, embrace the signature of an individual licensed to take action.
Notice: The DMCA gives that you could be be answerable for damages for those who falsely declare that data on the Net Web site infringes your copyright.
For additional data see Copyright Discover.
6. Linking to this Net Web site. Chances are you’ll present hyperlinks to this Net Web site, supplied (a) you don’t take away or obscure, by framing or in any other case, any portion of the online pages, together with its ads, the Net Web site model, the Phrases and Circumstances of Use, the Copyright Discover, or different notices on this Net Web site with out prior written consent from Supplier, and (b) you discontinue offering hyperlinks to this Net Web site if requested by Supplier.
7. License of Your Content material to Supplier. By posting, publishing, importing, or distributing any knowledge, data, textual content, graphics, hyperlinks, messages, critiques, content material, or different supplies (collectively, “Postings”) to be used on this Net Web site, you grant (or warrant that the proprietor of such rights has expressly granted) Supplier a perpetual, worldwide, royalty-free, irrevocable, non-exclusive proper and license, with the precise to sublicense, to make use of, modify, reproduce, publish, adapt, publicly carry out, publicly show, digitally show and digitally carry out, translate, create spinoff works from and distribute such Postings or incorporate such Postings into any type, medium, or know-how now recognized or later developed all through the universe. You agree that you simply shall don’t have any recourse towards Supplier for any alleged or precise infringement or misappropriation of any proprietary proper in Postings you present to Supplier.
Moreover, you acknowledge and agree that Supplier might retain and use, topic to the phrases of its privateness coverage, data collected in your use of the Net Web site or the Content material. Such data might embrace, with out limitation, the content material and different data you present once you use the Net Web site or Content material, details about how you utilize the Net Web site or Content material, details about the the way you work together with Content material, ads and different knowledge which will seem on the Net Web site, and knowledge from or in regards to the computer systems, telephones, or different units the place you put in or entry Content material. Supplier shall additionally retain the non-exclusive proper to gather non-personally identifiable browser data from Consumer domains, within the type of a cookie, net beacon, or different monitoring mechanism, for promoting functions.
eight. Relationship of Supplier and You. You’re an impartial third celebration to this Net Web site, and nothing on this Settlement will create or signify that there’s any partnership, three way partnership, company, franchise, gross sales relationship, or employment relationship between us. You should have no authority to make or settle for any gives or representations on our behalf.
9. No Solicitation
9.1 You shall not distribute on or via this Net Web site any Postings or shows of information containing any promoting, promotion, solicitation for items, providers or funds or solicitation for others to turn into members of any enterprise or group with out the categorical written permission of the Supplier; such instruments and mechanisms for such promotion, as outlined in Part 10 under, create the only exception to this provision. However the foregoing, in any interactive areas of this Net Web site (the “Interactive Areas”), which incorporates, with out limitation, any blogs, critiques, wikis, bulletin boards, critiques, dialogue boards, chat rooms, electronic mail boards, and query and reply options, the place applicable you a) might record alongside together with your identify, handle and electronic mail handle, your personal site’s URL and b) might suggest third celebration internet sites, items or providers as long as you haven’t any monetary curiosity in and obtain no direct or oblique profit from such really helpful site, services or products or its advice. In no occasion might any individual or entity solicit anybody with knowledge retrieved from this Net Web site.
9.2 Members of Supplier and any affiliated websites together with white label companions are prohibited from participating in any solicitation actions in California that refer potential prospects to retailers together with, however not restricted to, distributing flyers, coupons, newsletters and different printed promotional supplies or digital equivalents, verbal soliciting (for instance, in-person referrals), initiating phone calls, and sending emails.
10. Advertisers. In consideration for the rights granted to you underneath these Phrases and Circumstances of Use, you grant Supplier the precise to offer promoting and different data to you. Commercials might seem on this Net Web site or in any Content material. Your small business dealings or correspondence with, or participation in promotions of, advertisers, and any phrases, circumstances, warranties or representations related to such dealings, are solely between you and such third celebration. Supplier isn’t accountable or answerable for any loss or harm of any type incurred as the results of any such dealings or as the results of the presence of third-party advertisers on the Net Web site or in any Content material.
11. Registration. Sure sections of this Net Web site require you to register. If registration is requested, you agree to offer correct and full registration data. It’s your accountability to tell Supplier of any adjustments to that data. Every registration is for a single particular person solely, until particularly designated in any other case on the registration web page. Supplier doesn’t allow a) anybody aside from you to make use of the sections requiring registration by utilizing your identify or password; or b) entry via a single identify being made out there to a number of customers on a community or in any other case. You’re chargeable for stopping such unauthorized Use. In the event you imagine there was unauthorized Use, it’s essential to notify Supplier instantly by emailing us right here. Nonetheless, you perceive that by registering with this web site, it’s possible you’ll obtain common updates concerning new Functions launched, data concerning Listings and Functions you’ve got visited, proven an curiosity in and/or added to the system or modified at a while. At any time, it’s possible you’ll request to unsubscribe and we are going to completely take away you from our registered record of subscribers. To unsubscribe, click on right here.
12. Postings in interactive areas of the Net Web site.
12.1. Postings to be Lawful. In the event you take part in Interactive Areas on this Net Web site, you shall not publish, publish, add or distribute any Postings that are illegal or abusive in any means, together with, however not restricted to, any Postings which might be defamatory, libelous, pornographic, obscene, threatening, invasive of privateness or publicity rights, inclusive of hate speech, or would represent or encourage a legal offense, violate the rights of any celebration, or give rise to legal responsibility or violate any native, state, federal or worldwide legislation, or the rules of the U.S. Securities and Trade Fee, any guidelines of any securities alternate such because the California Inventory Trade, the American Inventory Trade, or the NASDAQ, both deliberately or unintentionally. Supplier might delete your Posting at any time for any cause with out notification of or permission from you.
12.2. Postings to be in Your Identify and Correct Id. Your Postings shall be accompanied by your actual identify and shall not be posted anonymously. However the earlier sentence, if the relevant registration web page in your participation in an Interactive Space means that you can create a display screen identify, it’s possible you’ll choose and use a display screen identify that isn’t your actual identify, supplied that you simply use your actual identify when registering for participation within the Interactive Space. Contributors in Interactive Areas shall not misrepresent their identification or their affiliation with any individual or entity.
12.three. No Monitoring of Postings. Supplier has no obligation to observe or display screen Postings and isn’t chargeable for the content material in such Postings or any content material linked to or from such Postings. Supplier nonetheless reserves the precise, in its sole discretion, to observe Interactive Areas, display screen Postings, edit Postings, trigger Postings to not be posted, revealed, uploaded or distributed, and take away Postings, at any time and for any or no cause with out notification of or permission from you.
12.four. Non-Industrial Use solely of Interactive Areas. Any Interactive Space is supplied solely in your private Use. Any unauthorized Use of any Interactive Space of this Net Web site, its Content material, or Postings is expressly prohibited.
12.5 No Expectation of Privateness. PROVIDER MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THE WEB SITE. You acknowledge that any content material you publish on the Net Web site is a public and never non-public communication. Others might learn and think about your communications with out your data. Supplier doesn’t management or endorse the content material, messages or data posted by third celebration customers. Supplier won’t be answerable for the privateness of any of your or another third celebration postings to the Net Web site and particularly disclaims any legal responsibility ensuing from such postings and communications, together with any objectionable content material. Please additionally see Supplier’s full Privateness Coverage, included into these Phrases and Circumstances of Use by reference.
13. Errors and Corrections. Supplier doesn’t signify or warrant that this Net Web site or the Content material or Postings can be error-free, freed from viruses or different dangerous elements, or that defects can be corrected or that it’ll at all times be accessible. Supplier doesn’t warrant or signify that the Content material or Postings out there on or via this Net Web site can be appropriate, correct, well timed, or in any other case dependable. Supplier might make enhancements and/or adjustments to its options, performance or Content material or Postings at any time.
14. Third Social gathering Content material and Hyperlinks. Third celebration content material (together with, with out limitation, Postings) might seem on this Net Web site or could also be accessible by way of hyperlinks from this Net Web site. Supplier shall not be chargeable for and assumes no legal responsibility for any infringement, errors, misstatements of legislation, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity within the statements, opinions, representations or another type of content material contained in any third celebration content material showing on this Net Web site. You perceive that the data and opinions within the third celebration content material is neither endorsed by nor does it replicate the assumption or opinion of Supplier. Additional, data and opinions supplied by staff and brokers of Supplier in Interactive Areas should not essentially endorsed by Supplier and don’t essentially signify the beliefs and opinions of Supplier. Supplier, or third celebration customers, might present hyperlinks to different Internet sites or sources. Supplier has no management over such websites and sources. You acknowledge and agree that Supplier isn’t chargeable for the provision of such exterior websites or sources, and doesn’t endorse and isn’t accountable or answerable for any content material, promoting, merchandise or different supplies contained in or out there from such websites or sources. You acknowledge that use of any third celebration Site is ruled by the phrases of use and privateness coverage for that Site and never by these Phrases and Circumstances of Use or Supplier’s Privateness Coverage. You additional acknowledge and agree that Supplier shall not be accountable or liable, instantly or not directly, for any harm or loss brought about or alleged to be attributable to or in reference to use of or reliance on any such content material, items or providers out there on or via any third celebration web site or useful resource. Supplier reserves the precise to disable any hyperlink or take away any third celebration content material at any time in its sole discretion.
15. Legal professional Ethics Discover. If you’re an legal professional taking part in any facet of this Net Web site, together with however not restricted to Interactive Areas, you acknowledge that the Guidelines of Skilled Conduct of the jurisdictions the place you might be licensed (“Rules”) apply to all facets of your participation and that you’ll abide by these Guidelines. These Guidelines embrace, however should not restricted to, the principles referring to promoting, solicitation of shoppers, unauthorized observe of legislation, and misrepresentations of truth. Supplier disclaims all accountability in your compliance with these Guidelines. You additional agree and acknowledge that once you take part in any Interactive Space on this Net Web site, that you’ll not provide authorized recommendation, however will solely present basic data.
16. DISCLAIMER. THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THIS WEB SITE OR THE CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY PLATFORMS, WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
17. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS.
18. Indemnification. You comply with indemnify, defend and maintain Supplier, its officers, administrators, staff, brokers, licensors, suppliers and any third celebration data suppliers to the Net Web site innocent from and towards all claims, losses, bills, damages and prices, together with cheap attorneys’ charges, ensuing from any violation of those Phrases and Circumstances of Use by you or arising from or associated to any Postings or Content material uploaded or submitted by you.
19. Third Social gathering Rights. The provisions of paragraphs 16 (Disclaimer), 17 (Limitation of Legal responsibility), and 18 (Indemnification) are for the advantage of Supplier and its officers, administrators, staff, brokers, licensors, suppliers, and any third celebration data suppliers to the Net Web site. Every of those people or entities shall have the precise to say and implement these provisions instantly towards you on its/their very own behalf.
20. Illegal Exercise. Supplier reserves the precise to analyze complaints or reported violations of our Phrases and Circumstances of Use and to take any motion we deem applicable together with however not restricted to reporting any suspected illegal exercise to legislation enforcement officers, regulators, or different third events and disclosing any data mandatory or applicable to such individuals or entities referring to person profiles, e-mail addresses, utilization historical past, posted supplies, IP addresses and site visitors data.
21. Treatments for Violations. Supplier reserves the precise to hunt all cures out there at legislation and in fairness for violations of those Phrases and Circumstances of Use, together with however not restricted to the precise to dam entry from a selected web handle to this Net Web site and another Supplier internet sites and their options.
22. Governing Regulation; Arbitration of Disputes. You agree that Graphiq.com shall be deemed solely primarily based within the State of California. The Phrases of Service are to be ruled by and construed in accordance with the interior legal guidelines of the State of California, with out regard for ideas of conflicts of legal guidelines. Any civil motion, declare, dispute or continuing arising out of or referring to this Privateness Coverage shall be referred to remaining and binding arbitration, earlier than a single arbitrator, underneath the industrial arbitration guidelines of the American Arbitration Affiliation in Santa Barbara County, California. As such, you should not have the chance to go to court docket to say or defend your rights and also you expressly waive your proper to take part in or carry class actions. Through the use of Graphiq.com you consent to those restrictions.
You and Supplier shall choose the arbitrator, and for those who and Supplier are unable to achieve settlement on number of the arbitrator inside thirty (30) days after the discover of arbitration is served, then the American Arbitration Affiliation shall choose the arbitrator. Arbitration shall not begin till the celebration requesting it has deposited the mandatory and required deposit with the workplace of the arbitrator for the arbitrator’s charges and prices. The celebration requesting arbitration shall advance such sums as are required occasionally by the arbitrator to pay the arbitrator’s charges and prices till the prevailing celebration is set or the events have agreed in writing to an alternate allocation of charges and prices.
Judgment upon any award rendered by the arbitrator shall be remaining, binding and conclusive upon you and Supplier and your and Supplier ‘s respective directors, executors, authorized representatives, successors and assigns, and could also be entered in any court docket of competent jurisdiction. However the earlier sentence, in no occasion shall both you or Supplier be entitled to punitive, particular, oblique or consequential damages and each you and Supplier hereby waive your and Supplier ‘s respective rights to any punitive, particular, oblique or consequential damages, together with, however not restricted to, damages for any lack of revenue, income, worth or enterprise. Ought to a dispute come up and will the arbitration provisions herein turn into inapplicable or unenforceable, or in any occasion of any lawsuit between you and Supplier, jurisdiction over and venue of any go well with shall be solely within the state and federal courts sitting in Santa Barbara County, California.
23. Privateness. Your Use of this Net Web site is topic to those Phrases and Circumstances of Use and Supplier’s Privateness Coverage.
24. Severability of Provisions. These Phrases and Circumstances of Use incorporate by reference any notices contained on this Net Web site, Copyright Discover or the Privateness Coverage and represent the whole settlement with respect to entry to and use of this Net Web site, the Interactive Areas, and the Content material and Postings. Within the occasion there may be battle amongst the phrases of the foregoing, these Phrases and Circumstances of Use prevail. If any provision of those Phrases and Circumstances of Use is illegal, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not have an effect on their validity and enforceability. However something on the contrary in these Phrases and Circumstances of Use, in case you have a separate signed written settlement with a Supplier that applies to your Use of any of that Supplier’s Content material, that settlement constitutes the whole settlement between you and that Supplier with respect to the affected Content material topic thereto (the “Otherwise Covered Content”), and these Phrases and Circumstances of Use shall be handled as having no drive or impact with respect to the In any other case Coated Content material.
25. Modifications to Phrases and Circumstances of Use. Supplier might, in its sole discretion, modify or revise these Phrases and Circumstances of Use, together with with out limitation Supplier’s Privateness Coverage, at any time by posting the amended phrases on this Net Web site at: Privateness Coverage. Supplier moreover will notify you by way of the e-mail handle you’ve got related together with your account in case you have registered with the Net Web site, so it’s essential to be sure that Supplier’s electronic mail isn’t filtered out of your Inbox by your ISP or electronic mail software program. You agree that your use of the Net Web site, after the date on which the Phrases and Circumstances of Use modified, will represent your acceptance of the up to date Phrases and Circumstances of Use, and that you simply comply with be certain by such modifications or revisions.
Extra Phrases and Circumstances of Service
YOUR USE OF OR ACCESS TO THE LISTING SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE ADDITIONAL TERMS AND CONDITIONS OF SERVICE.
These Extra Phrases and Circumstances of Service (“ATOS”) apply to all Customers of any Supplier itemizing or bulletin board service which permits third events to publish promotional listings, together with with out limitation Graphiq Care (collectively “Listing Services”). Through the use of Supplier’s Itemizing Companies and the Net Web site (together with any Content material posted on the Net Web site or by way of the Service), you (“you”) signify your acceptance of those ATOS, in addition to Supplier’s basic Phrases and Circumstances of Use and Supplier’s Privateness Coverage. If you don’t comply with all the Phrases and Circumstances of Use, together with these ATOS, then it’s essential to discontinue utilizing the Net Web site.
LISTING SERVICES ARE ONLINE BULLETIN BOARDS
The Itemizing Companies are on-line venues or bulletin boards that enable for customers looking for providers and/or customers supplying providers to attach and talk. The Net Web site isn’t an employment or different company for any of the third celebration service suppliers who promote themselves by way of the Itemizing Companies. Aside from offering the Net Web site, Supplier doesn’t participate within the interplay between customers looking for providers and customers supplying providers. Customers do hereby signify, perceive and expressly agree that Supplier doesn’t have management over the standard, timing, legality or another facet by any means of the providers delivered by Itemizing Companies suppliers, nor of the integrity, accountability or any of the actions by any means of the customers looking for providers.
Supplier isn’t a celebration to any settlement concerning third celebration providers or in any other case entered into between any customers of the Net Web site. Any points regarding the providers acquired by the person looking for providers or cost as a result of person supplying providers should be resolved instantly by them. Supplier won’t be held accountable and expressly disclaims any legal responsibility by any means for any claims, calls for or damages, direct or oblique, of each type and nature, recognized and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any means related with such points. Through the use of the Net Web site, you signify, perceive, and expressly agree to carry Supplier innocent for any declare or controversy which will come up from any disputes between you and another person(s) of the Net Web site.
PROVIDER DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS, DOES NOT INQUIRE INTO THE BACKGROUNDS OF ANY OF ITS USERS, AND DOES NOT ATTEMPT TO VERIFY THE STATEMENTS OR REPRESENTATIONS OF ITS USERS. Nonetheless, Supplier reserves the precise, however isn’t obligated, to conduct any legal background verify or to confirm your representations and warranties herein, at any time and utilizing any out there public information, to substantiate your compliance with this subsection. Moreover, Supplier reserves the precise to take motion it deems applicable in its sole discretion, together with however not restricted to terminating your entry to the Net Web site and/or Itemizing Companies, ought to it decide, in its sole opinion, that you’ve violated any illustration or guarantee or another provision of the Phrases and Circumstances of Use, together with with out limitation the ATOS.
NOTWITHSTANDING THE FOREGOING, PROVIDER DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE WEB SITE AND/OR LISTING SERVICES. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD PROVIDER HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE OR SERVICE.
USE OF THE WEB SITE
Through the use of the Net Web site, you acknowledge that you’re solely chargeable for, and assume all legal responsibility concerning, (i) the data and content material you contribute to the Net Web site; (ii) the data and content material you publish, transmit, publish, or in any other case make out there via the Net Web site; and (iii) your interactions, each on-line and offline, with different customers of the Net Web site. You should be 18 years outdated and capable of type a legally binding contract to be eligible to make use of the Itemizing Companies. is The Itemizing Companies are presently out there solely to United States residents and/or any people who’re legally within the jurisdiction of the US and should legally work inside its jurisdiction. By requesting to make use of, registering to make use of, and/or utilizing the Itemizing Companies, you signify and warrant that you’ve the precise, authority and capability to agree to those Phrases and Circumstances of Use and also you decide to abide by all the phrases and circumstances hereof.
By requesting to make use of, registering to make use of, and/or utilizing the Itemizing Companies you signify and warrant that you simply and every member of your family have by no means been the topic of a grievance, restraining order or another authorized motion involving, arrested for, charged with, or convicted of any felony, any legal offense involving violence, abuse, neglect, fraud or larceny, or any offense that includes endangering the security of others. By requesting to make use of, registering to make use of, and/or utilizing the Net Web site, and/or Service you signify and warrant that you haven’t been and should not presently required to register as a intercourse offender with any authorities entity.
YOU ASSUME ALL RISK WHEN USING THE WEB SITE AND SERVICE, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS, INCLUDING CONTRACTING FOR OR SUPPLYING SERVICES OF ANY NATURE. PROVIDER DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED BY USERS SEEKING SERVICES OR USERS SUPPLYING SERVICES AS LISTED ON THIS WEB SITE. PROVIDER DOES NOT ASSUME AND EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY RESULT FROM THE USE OF THIS INFORMATION. PROVIDER IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEB SITE OR SERVICE. IN NO EVENT SHALL PROVIDER BE, AND YOU EXPRESSLY AGREE NOT TO HOLD PROVIDER, OR PROVIDER’S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, ADVERTISERS, MARKETING PARTNERS, LICENSORS, INDEPENDENT CONTRACTORS, RECRUITERS, CORPORATE PARTNERS, OR EMPLOYEES, LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEB SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR ENCOUNTERS WITH OTHER USERS OF THIS WEB SITE OR PERSONS YOU MEET THROUGH THIS WEB SITE AND PROVIDER AND PROVIDER’S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, ADVERTISERS, MARKETING PARTNERS, LICENSORS, INDEPENDENT CONTRACTORS, RECRUITERS, CORPORATE PARTNERS, OR EMPLOYEES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN THEREFROM.
YOU AGREE TO TAKE ALL AVAILABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEB SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
YOU UNDERSTAND THAT PROVIDER MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING INDIVIDUALS YOU MEET THROUGH THE WEB SITE, AS TO THEIR CONDUCT, OR AS TO THE QUALITY OF SERVICE THEY PROVIDE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS. As Supplier doesn’t confirm any of the data customers present to the Service, every person ought to think about whether or not to carry out thorough background and reference checks earlier than participating in hiring or employment.
BY USING THIS SITE, YOU AGREE TO REPORT ANY ALLEGED IMPROPRIETIES OF ANY USERS TO PROVIDER IMMEDIATELY BY NOTIFYING PROVIDER OF THE SAME VIA EMAIL.
Supplier doesn’t assure outcomes or that you will see that an employer or worker utilizing the Net Web site. Supplier doesn’t assure any person’s capability or want to speak with another person. Supplier makes no representations in regards to the suitability, reliability, timeliness, or accuracy of the providers supplied by service suppliers or seekers via the Net Web site whether or not in public, non-public or offline interactions. Supplier doesn’t assume any legal responsibility for the efficiency or background of any person or the Net Web site or Itemizing Companies. The Net Web site is in your private use solely. Chances are you’ll not authorize others to make use of your account, and it’s possible you’ll not assign or in any other case switch your account to another individual or entity. You acknowledge that Supplier isn’t chargeable for third celebration entry to your account that outcomes from theft or misappropriation of your usernames and passwords. Registration for, and use of, the Net Web site are void the place prohibited. To the extent that the providers supplied by the Net Web site should not authorized in your jurisdiction, it’s possible you’ll not use the Net Web site. The Net Web site might not be used the place prohibited by legislation.
Customers ought to monitor kids’s use of the Web. The Net Web site and Itemizing Companies are supposed just for folks 18 or over. Supplier won’t knowingly gather any data from kids underneath 13. It’s essential to establish your age through the registration course of. Supplier takes the Kids’s On-line Privateness Safety Act of 1998 (COPPA) in addition to all FTC rules very significantly. Supplier doesn’t assume any accountability for any misrepresentations concerning your age or parental consent when utilizing this Net Web site or Itemizing Companies. Supplier reserves the precise to terminate your entry to the Itemizing Companies and/or Net Web site if it determines that you simply supplied any false data concerning your age, or in any other case, when registering to make use of, or utilizing this Net Web site.
Graphiq.com has monetary relationships with a few of the playing cards talked about right here, and Graphiq.com could also be compensated if shoppers select to use for these hyperlinks in our content material and finally join them.
Revised on February 13, 2017.