Jaquish Biomedical Terms of Service
These Jaquish Biomedical Terms of Service (“Terms of Service”) apply when you access, use, or visit any Jaquish Biomedical website, including the website located at www.jaquishbiomedical.com (the “Website”), and when you access, use, or visit any Jaquish Biomedical app, such as the X3 Force mobile application, the X3 Tracker mobile application, and the Fractureproof mobile application (the “Apps”) that are provided by Jaquish Biomedical Corporation d/b/a Jaquish Biomedical (referred to in these Terms of Service as the “Company,” “we”, “us”, and “our”) and the services, content and other materials made available through the Site and the Apps (these services, content, and materials, together with the Website and the Apps, are referred to in these Terms of Service as the “Service”) or purchase any products that we offer through the Service (the “Products”). We prepared these Terms of Service to help explain the terms that apply to your use of the Service and purchase of applicable Products through the Service.
Please read these terms of service Carefully. BY ACCESSING OR OTHERWISE USING THE Service, or purchasing a Product through the Service, YOU AGREE TO THESE TERMS of Service. If at any time you do not accept the terms and conditions set forth in these Terms of Service, you must immediately stop using the Service and my not purchase any products through the Service.
Notice regarding arbitration and dispute resolution you and the Company AGREE THAT Any future DISPUTES BETWEEN YOU AND the Company WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, unless you opt-out in accordance with Section 12.6. Unless you opt-out of arbitration, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, class Arbitration, OR REPRESENTATIVE PROCEEDING, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN Section 12.6 BELOW.
Updates to these Terms of Service. We may change, modify or amend these Terms of Service from time to time. It is your responsibility to check this page periodically for changes. If you do not agree with the proposed changes, you should discontinue your use of the Service immediately. If you continue using the Service after the Terms of Service have been updated, you will be bound by the modified Terms of Service.
Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that: (A) the information you submit to the Service is truthful and accurate; (B) your use of the Service does not violate any applicable laws or regulations; and (C) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service.
Registration and Accounts
4.1. Account Registration. If you make a purchase through the Service, you may have the option of creating an account that may allow you to track your order, manage subscriptions, participate in loyalty programs, access additional content, and receive other information or benefits (a “User Account”. Only users who make purchases through the Service are able to create accounts. If you sign up to become a registered user of the Service, you agree: (A) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration process (the “Registration Data”); and (B) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4.2.Accounts. When you create a User Account on the Service you will be required to provide an email address (user I.D.) and password that will be associated with your User Account. You may only create one user I.D. that will be associated with your User Account. You may not: (A) select or use as a user I.D. a name of another person with the intent to impersonate that person; (B) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (C) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password, and for any and all activities that occur under your User Account.
4.3. App Access. You acknowledge and agree that the availability of the App may be dependent on third party websites or mobile applications from which you download the App (e.g., the Apple App Store or Google Play Store) (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and the Company and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon, your compliance with the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
4.4. License to Use the Service. Subject to your compliance with these Terms of Service, the Company grants you a limited, revocable, non-exclusive, non-transferable right to receive, access and use the Service for your personal, non-commercial purposes.
Terms of Sale
5.1. Placing an Order Through the Service. In order to place an order through the Service, you will be asked to provide applicable order information. This order information may include (A) your full name and correct and complete address and shipping information, (B) your phone number and email address, and (C) payment information including your payment card number, the expiration date of your payment card and your email and postal addresses for billing and notification (“Payment Information”). Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order.
5.2. Payment. When you purchase a Product and make a payment through the Service (each purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for the amount associated with the applicable Transaction. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction, and to use your Payment Information to charge your payment method for the type of Transaction you have selected. You agree to pay all charges incurred by you at the price(s) in effect when the applicable Transaction is initiated, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your Transactions. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHODS THAT YOU USE IN CONNECTION WITH ANY TRANSACTION.
5.3. Delivery. You are responsible for all shipping and handling charges specified during the ordering process. Products that you purchase through the Service will be shipped to the address you designate as the shipping address during the check-out process. Orders other than preorders and backorders are usually shipped within 1 business day from date of the order depending on the complexity of your order and other factors, and your order may be subject to government inspection, shipping delays, strikes and other unforeseeable events. Therefore timing of delivery, receipt of the order by you, and other timing expectations might be delayed or impaired and orders can take longer than expected. We do not guarantee a specific delivery date. We currently do not ship to P.O. boxes.
5.4. Return Policy. Please review our return policy at https://www.jaquishbiomedical.com/return-policy/ for information about Product returns. If you have any questions about Product returns or the return policy, you may contact us at [email protected].
5.5. Product Descriptions, Pricing, Limitations on Orders. Descriptions or images of, or references to, products or services on the Service are subject to change without notice. Except as otherwise described in these Terms of Service or otherwise required by applicable law, price and availability of any Product are subject to change without notice. We reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain Products, and to limit the sales of our Products to any person, geographic region or jurisdiction.
5.6. Coupons/Special Sales. “Coupons” and “Coupon codes,” “Sales,” “Free Shipping” and other special pricing and deals are as advertised only. Please read the specific terms for the applicable offer to understand what restrictions or limitations may apply. All special pricing and deals will begin and end on the date and at the time specified with the applicable offer. All valid coupons and coupon codes will be provided through the Site or through advertising sponsored by us. We do not have an obligation to honor any coupons or coupon codes that are posted on third party websites or otherwise provided by third parties. Any coupons, discounts, promotions or other special pricing may be subject to restrictions.
5.7. Order-Related Email. Orders you place through the Service will result in electronic communications being sent to you at the e-mail address that you provide when you place your order. These electronic communications will include order confirmations, shipment notifications, and other order updates. By making a purchase through the Service, you consent to these communications from us.
Prohibited Activities. You agree that, in connection with your use of the Service, you will not:
- use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
- transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service;
- transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
- impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
- post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work;
- post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;
- violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service, including from any user of our Service, or use any means to scrape or crawl any part of the Service;
- participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
- access or use the Service for purposes of obtaining information to build a similar or competitive website, application or service;
- decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
- circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Company Content (as defined in Section 9) or enforce limitations on use of the Service or the Company Content on the Service.
7.1. Rules Governing User Content. You are solely responsible for all information, data, text, graphics, messages or other materials ("User Content") that you upload, submit, post, publish or display, email or otherwise provide in connection with the Service. With respect to the User Content you provide in connection with the Service, you represent and warrant that you will not provide any User Content that:
- infringes any intellectual property or other proprietary rights of any party;
- you do not have a right to provide under any applicable law or under contractual or fiduciary relationships;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- poses or creates a privacy or security risk to any person;
- constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
- is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
- is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Service or its users to any harm or liability of any type.
7.2. Rights in User Content.
A. Ownership of User Content. We do not claim any ownership rights in the User Content that you post on or through the Service. After posting your User Content on or through the Service, you continue to retain any rights you may have in your User Content, including any intellectual property rights or other proprietary rights associated with your User Content, subject to the license you grant to us in Section 7.2(B) below.
B. License to User Content. By providing User Content in connection with the Service, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable, transferable and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market, distribute and otherwise exploit the User Content in connection with the Service, our products, our business, or the promotion of the Service, our products, or our business, in any media formats and through any media channels now known or subsequently created. The license granted under this Section 7.2(B) includes, without limitation, the right to share your User Content with other users of the Service.
C. Removal of User Content. You acknowledge that the Company does not pre-screen User Content that you or other users provide through the Service, but that the Company will have the right (but not the obligation) to refuse or remove any User Content that is provided through the Service. Without limiting the foregoing, the Company will have the right to remove any User Content that violates these Terms of Service or is deemed by the Company to be otherwise inaccurate or objectionable. You agree that you must evaluate, and bear all risks associated with providing User Content through the Service.
Third Party Content; No Independent Verification of Content. In addition to User Content, the Company may source information provided through the Service from third parties (“Third Party Content”). The Company does not independently verify the information provided as part of this Third Party Content or User Content, and the Third Party Content and User Content is provided to you for general informational purposes only. You acknowledge and agree that by providing the Third Party Content and User Content through the Service, the Company is not providing any recommendations, and you are solely responsible for any decisions you make in reliance on the Third Party Content and/or User Content made available through the Service.
Our Intellectual Property Rights. Except with respect to your User Content and the User Content of other users of the Service, and Third Party Content, we own (and you acknowledge that we own) all right, title, and interest in and to: (A) the Service and all related intellectual property, including the “look and feel” of the Service and all software, ideas, processes, data, text, media, and other content available on the Service (individually and collectively, “Company Content”); and (B) our trademarks, logos, and brand elements (“Marks”). The Service, Company Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of Company Content or use the Marks without our prior express written consent. We reserve all rights in and to the Service, the Company Content and the Marks.
Our Management of the Service; User Misconduct
10.1. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (A) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (C) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof; (D) manage the Service in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Service; and/or (E) terminate or block you your use of the Service for violating these Terms of Service.
10.2. Interactions with other Users. Some features of the Service may allow you to interact with other users of the Service. You are solely responsible for your interactions with other users of the Service. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Service and that you give to other users of the Service. You are discouraged from publicly posting your telephone number, street address, or other information that can be used to locate you, on the Service. Information posted to the Service by other users of the Service may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Service. Opinions and other statements included in User Content do not represent the opinions or statements of the Company and the posting of User Content on the Service does not constitute the Company’s support or endorsement of any opinions or statements expressed in the applicable User Content.
10.3. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service or any remedy we may have under law or in equity, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF User Content or the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Service, OR violation of ANY APPLICABLE LAW OR REGULATION.
Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
12.1. Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your use of the Service or Products. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
12.2. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 12.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach) or our Products, or the parties’ relationship with each other and/or your use of the Service or Products, shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
12.3. Class Action and Class Arbitration Waiver. You and Company each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, class arbitration, or other representative action, and you and Company each expressly waive our respective right to file a class action or class arbitration or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 12.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
12.4. Exception - Small Claims Court Claims. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
12.5. Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
12.6. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 12.2 and 12.3 by sending written notice of your decision to opt-out to [email protected]. The notice must be sent within thirty (30) days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
12.7. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 12.2 do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 12, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Nevada City, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Nevada City, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service, the Service, or the Products, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
- Assumption of Risk; No Medical Advice.
13.1. Safety and Assumption of Risk. YOU AGREE THAT YOUR USE OF The Service and the products WILL BE AT YOUR SOLE RISK. You acknowledge that the Company does not provide any recommendation that you perform any specific exercise protocol, or that you engage in exercise at all. You acknowledge that exercise of any type has inherent risks, and you assume full responsibility for any personal injury to yourself, or others that might result in any way from your use of the Service or any of the Products. You agree to consult with your physician about any exercises or activities you may choose to perform in relation to the Service prior to engaging in them. You agree that while the Service may include the sale of resistance training exercise products to you, such sale of products does not indicate that you can safely use those products at any particular level of exercise intensity, or at all. Any products provided as part of the Service are not an endorsement of your capacity to safely experience any particular loading levels, activities, or exercising methodologies, and you agree not to interpret any content related to the Service in this manner. If you think you have a medical emergency or any condition requiring immediate attention in connection with your use of any Products, call your doctor or 911 immediately.
13.2. No Medical Advice is Provided Through the Service. Any and all HEALTH AND FITNESS INFORMATION provided through the Service IS intended FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON any INFORMATION provided through the Service AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE learned through the Service. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. NOTHING STATED OR POSTED ON THE or available through the Service IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS of Service, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. The statements made on the Service and our Products have not been evaluated by the Food and Drug Administration.
- Product Warranty; Warranty Disclaimer; Limitation on Liability
14.1. Product Warranty. We provide limited warranties with respect to certain of our Products. Please review the limited product warranty at www.jaquishbiomedical.com/warranty/ for more information. If you have any questions about the limited product warranty, you may contact us at [email protected].
14.2. Disclaimer of Warranties
A. to the extent permitted by applicable law, The SErvice, the company content, user Content, Third Party cOntent, and/or ANY OTHER content, MATERIAL OR ITEMS PROVIDED THROUGH the Service, and the Products, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING the Service, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE Any Content, MATERIAL OR ITEMS AVAILABLE ON OR LINKED TO BY the Service, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE the company content, user Content, Third Party Content, and/or OR ANY OTHER CONTENT, MATERIAL OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF the Service or the Products. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms of SErvice. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR Affiliates, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the Service, the PRODUCTS, AND YOUR USE THEREOF.
B. to the extent permitted by applicable law, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF the Service, the Company Content, user Content, Third Party cOntent, and/or ANY OTHER content, MATERIAL OR ITEMS ON the service OR LINKED TO BY the Service. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, MATERIAL OR ITEMS (for clarity, on or off the service), (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the SERVICE or Products, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED on our service, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM the service, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the service BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL or itemS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, material or items (including without limitation Company Content) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE through the Service.
C. Weights, measures, times, forces, and all other data displayed through the SErvice are estimated and for entertainment purposes only. Neither any FEATURES of the Service nor any applicable products constitute a scale or precision measuring instrument, and the Service and any applicable Products should never be relied upon to measure weights or forces. External factors such as temperature, calibration, material variability, and manner of use can all impact measurement accuracy and affect the display of force data. ThE Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
14.3. Limited Liability. to the extent permitted by applicable law, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, without limitation, LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF the Service, Company Content, user Content, Third Party cOntent, and/or NY OTHER CONTENT, material or items on the SErvice, or any Products. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN These Terms of SErvice, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH These Terms of Service or the Products, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
Indemnity. You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, arising out of or in connection with your User Content, your interactions with any other user of the Service, your violation of these Terms of Service and/or your negligence or willful misconduct. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from the Company’s own negligent conduct.
Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
Independent Contractors. Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Assignment. We may assign our rights under these Terms of Service without your approval and with or without notice to you.
No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
Contact Information. If you have any questions about these Terms of Service or the Service, please contact us at [email protected].