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 and
contributions
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.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums,
and other functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to
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.
You understand that Contributions may be viewable by other users of
the Services and possibly through
third-party websites.
When you post Contributions, you grant us a
license
(including use of your name, trademarks, and logos): By posting any Contributions, you grant us 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, without limitation, 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. Our use and distribution may occur in any media formats
and through any media channels.
This license
includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By
sending us Submissions and/or
posting Contributions
through any part of the Services or
making Contributions accessible through the Services by linking your
account through the Services to any of your social networking
accounts, 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 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 us 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 us for any and all losses that we 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 we have no
obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach
of these Legal Terms. If we remove or edit any such Contributions, we
may also suspend or disable your account and report you to the
authorities.
Copyright infringement
We respect 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 refer to the
"
COPYRIGHT INFRINGEMENTS"
section below.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant 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 us 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 our interfaces
or our 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 our 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) we are 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. 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.
13. 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 us, and we are 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 us. 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 we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you
shall hold us blameless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us 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.
14. ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space
to place such advertisements, and we have no other relationship with
advertisers.
15. 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.
16. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://harmonizewithus.com/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 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.
17. COPYRIGHT INFRINGEMENTS
We respect 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 us using
the contact information provided below (a
"Notification"). A copy of your Notification will be sent to the person who posted
or stored the material addressed in the Notification. Please be
advised that pursuant to 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.
18. 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.
19. 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.
20. 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
South Dakota
applicable to agreements made and to be entirely performed within the State of
South Dakota, without regard
to its conflict of law principles.
21. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the
"Disputes") brought by
either you or us (individually, a
"Party" and collectively, the
"Parties"), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least
thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA
Consumer Rules"), both
of which are available at the
American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where appropriate,
limited by the AAA Consumer Rules. If
such costs are determined by the arbitrator to be excessive, we will
pay all arbitration fees and expenses.
The arbitration may be
conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in writing, but need not
provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged
if the arbitrator fails to do so. Except where otherwise required by
the applicable AAA
rules or applicable law, the arbitration will take place in
Minnehaha County,
South Dakota. Except as otherwise
provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter
judgment
on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in
Minnehaha County, South Dakota, 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 Dispute
brought by either Party related in any way to the Services be
commenced more than one (1) years after
the cause of action arose.
If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
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 utilize
class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following
Disputes are not subject to the above provisions concerning informal
negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is found
to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
22. 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.
23.
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
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE 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
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
24. 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 AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. 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.
25. 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) 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, we reserve
the right, at your expense, to assume the exclusive
defense
and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our
defense
of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
26. 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.
27. 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.
28. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us,
simply reply to the text with "STOP.” You may receive an SMS message
confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS
messages sent or received. The rates are determined by your carrier
and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS
communications, please email us at
contact@harmonizewithus.com or call at
(605) 937-8733.
29. 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.
30. 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
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.
31. 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:
Harmonize LLC
25 FIRST AVE. SW STE A
WATERTOWN,
SD
57201
United States
Phone:
(605) 937-8733
contact@harmonizewithus.com