We are Haruspexic
Technologies LLC
(
'Company', 'we', 'us', or
'our')
, a company registered in
Slovenia
at REDACTED
, Ljubljana
, Osrednjeslovenska
1000
.
Our VAT number is REDACTED.
We operate the
website
haruspexic.tech
(the 'Site')
, as well as any other related products and services
that refer or link to these legal terms (the
'Legal Terms') (collectively, the
'Services').
You can contact us by email
at haruspexictechnologies@gmail.com
or by mail to REDACTED
, Ljubljana
, Osrednjeslovenska
1000
,
Slovenia
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
'you'), and Haruspexic Technologies
LLC, concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound by all of
these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms from time to time
. We will alert you about any changes by updating the 'Last
updated' date
of these Legal Terms, and you waive any right to receive specific notice of each such
change. It is your responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Legal Terms by your continued use of
the Services after the date such revised Legal Terms are posted.
All
users who are minors in the
jurisdiction in which they
reside (generally under the age
of 18) must have the permission
of, and be directly supervised
by, their parent or guardian to
use the Services. If you are a
minor, you must have your parent
or guardian read and agree to
these Legal Terms prior to you
using the Services.
We recommend that you
print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR
SERVICES
2.
INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER
REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED
CONTRIBUTIONS
7. CONTRIBUTION LICENCE
8. SOCIAL MEDIA
9. SERVICES MANAGEMENT
10. PRIVACY POLICY
11. TERM AND TERMINATION
12. MODIFICATIONS AND
INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF
LIABILITY
18. INDEMNIFICATION
19. USER DATA
20. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
21. CALIFORNIA USERS AND RESIDENTS
22. MISCELLANEOUS
23. CONTACT US
1. OUR SERVICES
The information provided when using the Services 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 Services 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 Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use the Services. You may not use the Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content'
), as well as the trademarks, service marks, and logos contained therein (the
'Marks').
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United
States and around the world.
The Content and Marks are provided in or through the
Services 'AS IS' for
your personal, non-commercial use or internal
business purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including
the 'PROHIBITED
ACTIVITIES
' section below, we
grant you a non-exclusive, non-transferable, revocable
licence to:
access the Services; and
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 or internal business purpose.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please
address your request to: haruspexictechnologies@gmail.com.
If we ever grant you the permission to post, reproduce, or publicly display any part of
our Services or Content, you must identify us as the owners or licensors of the
Services, Content, or Marks and ensure that any copyright or proprietary notice appears
or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions
Please review this section and the 'PROHIBITED
ACTIVITIES
' section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations
you have when you post or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the Services (
'Submissions'), you
agree to assign to us all intellectual property rights in such Submission. You agree
that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You are responsible for what you post or
upload: By sending us Submissions
through any part of the Services you:
confirm that you have read and agree with our 'PROHIBITED
ACTIVITIES
' and will not
post, send, publish, upload, or transmit through the Services any Submission
that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to
any person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
to the extent permissible by applicable law, waive any
and all moral rights to any such Submission
;
warrant that any such Submission are original to you or that you have the
necessary rights and licences to submit such Submissions
and that you have full authority to grant
us the above-mentioned rights in relation to your Submissions;
and
warrant and represent that your Submissions do not constitute confidential
information.
You are solely
responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party intellectual property rights, or (c) applicable law.
3. USER
REPRESENTATIONS
By using the Services, you represent and warrant
that:
(1) all
registration information you submit
will be true, accurate, current, and complete;
(2) you will
maintain the accuracy of such information and promptly update
such registration information as necessary;
(3) you have the legal capacity and you
agree to comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (5) you will not access the
Services through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services
for any illegal or unauthorised purpose; and
(7) your use of the Services will
not violate any applicable law or regulation.
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 Services (or any portion
thereof).
4. USER
REGISTRATION
You
may be required to register to use the Services. You
agree to keep your password confidential and will be
responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole
discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
5. PROHIBITED
ACTIVITIES
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
endeavours 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
unauthorised
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
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'
),
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
unauthorised
script or
other
software.
Use
a buying agent
or purchasing
agent to make
purchases on the
Services.
Make
any
unauthorised
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
pretences
.
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
endeavour
or
commercial
enterprise.
6. 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
licences
, rights, consents, releases, and
permissions to use and to
authorise
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
unauthorised
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,
libellous,
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.
7. CONTRIBUTION
LICENCE
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.
8. 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.
9. 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.
10. PRIVACY
POLICY
We care
about data privacy and security. Please review our Privacy
Policy:
haruspexic.tech/legal/privacy
. 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
Germany
and 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
Germany
and United States
, then through your continued use
of the Services, you are transferring your data to
Germany
and United States
, and you expressly consent to
have your data transferred to and processed in
Germany
and United States
.
11. 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.
12. 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.
13. GOVERNING
LAW
These
Legal Terms are governed by and interpreted following the laws of
Slovenia
, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual residence
is in the EU, and you are a consumer, you additionally possess the protection
provided to you by obligatory provisions of the law in your country to
residence. Haruspexic Technologies LLC and yourself
both agree to submit to the non-exclusive jurisdiction of the courts of
Ljubljana, which means that you may make a claim
to defend your consumer protection rights in regards to these Legal Terms in
Slovenia
, or in the EU country in which you reside.
14. DISPUTE
RESOLUTION
Binding Arbitration
Any dispute arising from the relationships
between the Parties to these Legal Terms shall be determined by one arbitrator who will
be chosen in accordance with the Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of Arbitration having its seat in
Strasbourg, and which are in force at the time the application for arbitration is filed,
and of which adoption of this clause constitutes acceptance. The seat of arbitration
shall be
Ljubljana,
Slovenia
. The language of the proceedings shall be English or Slovenian.
Applicable rules of substantive law
shall be the law of
Slovenia
.
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
utilise 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 unauthorised 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.
15. 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.
16.
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
UNAUTHORISED
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
JUDGEMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
17. 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
OR
0 EUR
.
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.
18. 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 defence
and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our
defence
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.
19. 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.
20. 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.
21. 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.
22. 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 defences 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.
23. 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:
Haruspexic Technologies LLC
REDACTED
Ljubljana
,
Osrednjeslovenska
1000
Slovenia
haruspexictechnologies@gmail.com