Terms of Service

Agreement to Our Legal Terms

CurrentClient, Inc (“Company,” “we,” “us,” “our”), a Delaware company located at 300 Creek View Rd, Newark, DE 19711, operates the website https://currentclient.com (the “Site”), the mobile application CurrentClient (the “App”), and related products and services that reference these legal terms (the “Legal Terms”) (collectively, the “Services”).

The company provides cloud-based software as a service offering business texting, VoIP phone, survey, video, and other communication services.

Contact: legal@currentclient.com or 300 Creek View Rd, Newark, DE 19711, United States.

These Legal Terms constitute a binding agreement between you (whether individually or on behalf of an entity) and CurrentClient, Inc regarding your access to and use of the Services. By accessing the Services, you acknowledge reading, understanding, and agreeing to be bound by all 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.

The company will provide notice of scheduled changes to Services. Modified Legal Terms become effective upon posting or email notification. Continued use indicates acceptance of modified terms.

The Services are intended for users 18 years or older. Persons under 18 cannot use or register for the Services.

Users should print a copy of these Legal Terms for their records.

Table of Contents

1. Our Services
2. Intellectual Property Rights
3. User Representations
4. User Registration
5. Purchases and Payment
6. Free Trial
7. Cancellation
8. Prohibited Activities
9. User Generated Contributions
10. Contribution License
11. Mobile Application License
12. Third-Party Websites and Content
13. Services Management
14. Privacy Policy
15. Copyright Infringements
16. Term and Termination
17. Modifications and Interruptions
18. Governing Law
19. Dispute Resolution
20. Corrections
21. Disclaimer
22. Limitations of Liability
23. Indemnification
24. User Data
25. Electronic Communications, Transactions, and Signatures
26. California Users and Residents
27. Miscellaneous
28. Contact Us

1. Our Services

Information provided through the Services is not intended for distribution or use by any person or entity in jurisdictions where such distribution would violate law or regulation or impose registration requirements. Users accessing the Services from other locations do so at their own initiative and bear sole responsibility for compliance with applicable local laws.

The Services are not tailored to comply with industry-specific regulations including HIPAA, FISMA, or similar laws. Users subject to such regulations may not use the Services. Services cannot be used in violation of the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our intellectual property

CurrentClient owns or licenses all intellectual property rights in the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as trademarks, service marks, and logos (the “Marks”).

Content and Marks are protected by copyright and trademark laws and various intellectual property rights and unfair competition laws in the United States and worldwide.

Content and Marks are provided “AS IS” for personal, non-commercial use or internal business purposes only.

Your use of our Services

Subject to compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section, the company grants users a non-exclusive, non-transferable, revocable license to:

• Access the Services; and
• Download or print a copy of any portion of Content to which you have properly gained access.

This license is solely for personal, non-commercial use or internal business purposes.

Except as otherwise stated in these Legal Terms, no part of the Services, 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 without express prior written permission.

For uses of the Services, Content, or Marks not outlined in this section, contact legal@currentclient.com. If permission is granted to post, reproduce, or publicly display any part of the Services or Content, you must identify CurrentClient as the owner or licensor and ensure that any copyright or proprietary notice appears on posting, reproduction, or display.

The company reserves all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights constitutes a material breach of the Legal Terms, and your right to use the Services terminates immediately.

Your submissions and contributions

This section and the “PROHIBITED ACTIVITIES” section should be carefully reviewed prior to using the Services to understand the rights granted to the company and obligations you have when posting or uploading content.

Submissions: By directly sending the company any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign all intellectual property rights in such Submission to the company. You agree that the company 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.

Contributions: The Services may invite users to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality where you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to the company or through the Services, including text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

When you post Contributions, you grant us a license: By posting any Contributions, you grant the company an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Use and distribution may occur in any media formats and through any media channels.

This license includes use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account to any of your social networking accounts, you:

• Confirm that you have read and agree with the “PROHIBITED ACTIVITIES” section and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution 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 and/or Contribution;
• Warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant the company the above-mentioned rights in relation to your Submissions and/or Contributions; and
• Warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse the company for any and all losses it may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although the company has no obligation to monitor any Contributions, it shall have the right to remove or edit any Contributions at any time without notice if it reasonably considers such Contributions harmful or in breach of these Legal Terms. If the company removes or edits any such Contributions, it may also suspend or disable your account and report you to the authorities.

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;
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 unauthorized 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, the company has 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. The company reserves the right to remove, reclaim, or change a username you select if it determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

The company accepts the following forms of payment:

• Visa
• Mastercard
• American Express

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that the company can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by the company. The company may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize the company to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to the company charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The company reserves the right to correct any errors or mistakes in pricing, even if it has already requested or received payment.

The company reserves the right to refuse any order placed through the Services. It may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. The company reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors.

6. Free Trial

The company offers a 7-day free trial to new users who register with the Services. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

7. Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with the Services, please email legal@currentclient.com.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which the company makes the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the company.

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 the company.
• Trick, defraud, or mislead the company 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 the company’s opinion, the company and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of the company’s support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 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 the company’s employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with the company or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.
• Send SPAM.
• Violate A2P DLC.

9. User Generated Contributions

The Services 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 the company 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 as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize the company, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by the company).
• 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.

10. Contribution License

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to the company 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 the company’s 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.

The company does 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. The company is 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 the company from any and all responsibility and to refrain from any legal action against the company regarding your Contributions.

The company has the right, in its 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 Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. The company has no obligation to monitor your Contributions.

11. Mobile Application License

Use License

If you access the Services via the App, then the company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not:

1. Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
3. Violate any applicable laws, rules, or regulations in connection with your access or use of the App;
4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by the company or the licensors of the App;
5. Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
8. Use the App to send automated queries to any website or to send any unsolicited commercial email; or
9. Use any proprietary information or any of the company’s interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services:

1. The license granted to you for the company’s App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
2. The company is responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
4. You represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties;
5. You must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and
6. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

12. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site or App) 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 the company, and the company is not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by the company. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and the company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that the company does not endorse the products or services offered on Third-Party Websites and you shall hold the company blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold the company blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13. Services Management

The company reserves 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 the company’s sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
3. In the company’s 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 the company’s 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 the company’s systems; and
5. Otherwise manage the Services in a manner designed to protect the company’s rights and property and to facilitate the proper functioning of the Services.

14. Privacy Policy

The company cares about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by the Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

15. Copyright Infringements

The company respects the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify the company 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 applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

16. 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 the company terminates or suspends 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, the company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. Modifications and Interruptions

The company reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at its sole discretion without notice. However, the company has no obligation to update any information on its Services. The company will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

The company cannot guarantee the Services will be available at all times. It may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. The company reserves 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 the company has 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 the company to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

19. Dispute Resolution

Any legal action of whatever nature brought by either you or the company (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.

20. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. The company reserves 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.

21. Disclaimer

22. Limitations of Liability

23. Indemnification

You agree to defend, indemnify, and hold the company harmless, including its subsidiaries, affiliates, and all of its 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. Your Contributions;
2. Use of the Services;
3. Breach of these Legal Terms;
4. Any breach of your representations and warranties set forth in these Legal Terms;
5. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
6. Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, the company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the company, and you agree to cooperate, at your expense, with the company’s defense of such claims. The company 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.

24. User Data

The company 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 the company performs 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 the company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the company arising from any such loss or corruption of such data.

25. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending the company 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 the company provides 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.

26. California Users and Residents

If any complaint with the company 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.

27. Miscellaneous

These Legal Terms and any policies or operating rules posted by the company on the Services or in respect to the Services constitute the entire agreement and understanding between you and the company. The company’s 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. The company may assign any or all of its rights and obligations to others at any time. The company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its 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 the company as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against the company by virtue of the company having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

28. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact the company at: