Last
updated
January 25, 2023
TABLE OF CONTENTS
These
Terms of Service
constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (“you”) and Trial and
Error, Inc
("
Company
", “we”,
“us”, or “our”), concerning your access to and use of
the
voxapp.ai website as well as any other media form, media channel,
mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
We are registered in
Delaware, United States
and have our registered office at 1 Nashua St
, Boston
02114
.
You agree that by
accessing the Site, you have read, understood, and agree to be bound by all of these
Terms of Service
. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF SERVICE
, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these
Terms of Service
from time to time
. We will alert you about any changes by updating the “Last updated” date
of these
Terms of Service
, and you waive any right to
receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to have been made aware of and
to have accepted, the changes in any revised
Terms of Service
by your continued use of the Site
after the date such revised
Terms of Service
are posted.
The
information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Site from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Site. You may not use
the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
All
users who are minors
in the jurisdiction in which they reside
(generally under the age of 18) must
have the permission of, and be directly
supervised by, their parent or guardian
to use the Site. If you are a minor, you
must have your parent or guardian read
and agree to these
Terms of Service
prior to you using the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless
otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs,
and graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content and the Marks
are provided on the Site “AS IS” for your information and personal use only. Except as
expressly provided in these
Terms of Service
, no part of the Site and no Content or
Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission. Images and contents made available through our website for free usage are the sole property of Trial and Error, inc. By creating and using these images and content, you agree that they may be included in our public feed for promotional purposes. We reserve the right to use these images and content for any other purpose deemed appropriate by Trial and Error, inc.
Provided
that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content
and the Marks.
By
using the Site, 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
Terms of Service
;
(4) you are not a
minor in the jurisdiction in which you reside
,
or if a minor, you have
received parental permission to use the Site
;
(5) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for any
illegal or unauthorized
purpose; and (7) your use of the Site
will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
You
may be
required to register with the Site. You agree to keep
your password
confidential and will be responsible for all use of your
account and password.
We reserve the right to remove, reclaim, or change a
username you select if we
determine, in our sole discretion, that such username is
inappropriate,
obscene, or otherwise objectionable. When you sign up for our services, you also agree to receive updates and news about new features and developments. We may use your email address to send you information about our products and services, and you may opt out of receiving such communications at any time by following the unsubscribe instructions included in each email.
We accept the following forms of
payment:
-
Visa
-
Mastercard
-
American Express
-
Discover
You may be required
to purchase or pay a fee to access some of our services. You agree to
provide current, complete, and accurate purchase and account information
for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment
method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. We bill you through an online
billing account for purchases made via the Site. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices
at any time. All payments shall be in U.S. dollars
.
You
agree to pay all charges or fees at the prices then in effect for your
purchases, and you authorize us to charge your chosen payment provider
for any such amounts upon making your purchase.
If
your purchase is subject to
recurring charges, then you consent to our
charging your payment method on a recurring
basis without requiring your prior approval for
each recurring charge, until you notify us of
your cancellation.
We reserve the right
to correct any errors or mistakes in
pricing, even if we have already requested or received payment. We also
reserve
the right to refuse any order placed through the Site.
We
offer a 3-day free trial to
new users who register with the Site.
The account will be charged
according to the user’s chosen subscription
at the end of the free trial.
You can cancel your subscription at any time
by contacting us using the contact
information provided below
. Your cancellation will take effect at the end of the current
paid term.
If you are
unsatisfied with our services, please email us at
[email protected]
or call us at
4168931849
.
You
may not access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a
user of the Site, you agree not to:
- Systematically
retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from
us.
- Trick,
defraud, or mislead us and other users,
especially in any attempt to learn
sensitive account information such as
user
passwords.
- Circumvent,
disable, or otherwise interfere with
security-related features of the Site,
including features that prevent or
restrict the use or copying of any
Content or enforce limitations on the
use of the Site and/or the Content
contained
therein.
- Disparage,
tarnish, or otherwise harm, in our
opinion, us and/or the
Site.
- Use
any information obtained from the Site
in order to harass, abuse, or harm
another
person.
- Make
improper use of our support services or
submit false reports of abuse or
misconduct.
- Use
the Site in a manner inconsistent with
any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking to
the
Site.
- 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
Site or modifies, impairs, disrupts,
alters, or interferes with the use,
features, functions, operation, or
maintenance of the
Site.
- 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”), 1×1
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 Site or the networks or services
connected to the
Site.
- Harass,
annoy, intimidate, or threaten any of
our employees or agents engaged in
providing any portion of the Site to
you.
- Attempt
to bypass any measures of the Site
designed to prevent or restrict access
to the Site, or any portion of the
Site.
- Copy
or adapt the Site’s 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
Site.
- 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 Site, or using or launching
any unauthorized script or other
software.
- Use
a buying agent or purchasing agent to
make purchases on the
Site.
- Make
any unauthorized use of the Site,
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 Site as part of any effort to
compete with us or otherwise use the
Site and/or the Content for any
revenue-generating endeavor or
commercial
enterprise.
9.
USER GENERATED CONTRIBUTIONS
The Site 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 us or on the Site, 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 Site
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 us, the Site, and other users of the Site to
use your Contributions in any manner contemplated by the Site and these
Terms of Service
.
- 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 Site and these
Terms of Service
.
- 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 us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are
not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of
people.
- Your Contributions do not
violate any applicable law, regulation, or rule.
- Your Contributions do not
violate the privacy or publicity rights of any third party.
- Your Contributions do not
violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
- Your Contributions do not
include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Terms of Service
, or any applicable law or
regulation.
Any use of the Site in
violation of the foregoing violates these
Terms of Service
and may result in, among other things,
termination or suspension of your rights to use the Site.
By posting your
Contributions to any part of the Site
or making Contributions accessible
to
the Site by linking your account from the Site
to any of your social networking
accounts
, you automatically grant, and you represent and warrant that you
have the right to grant, to us 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 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 waive all moral rights in
your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We
do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any
area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We
have the right, in our 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 Site;
and (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice. We have no obligation to monitor your
Contributions.
11.
MOBILE APPLICATION LICENSE
If
you access the Site via a mobile application, then we grant you
a revocable, non-exclusive, non-transferable, limited right to
install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the
mobile application on such devices strictly in accordance with
the terms and conditions of this mobile application license
contained in these
Terms of Service
.
You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive
the source code of, or decrypt the application; (2) make any
modification,
adaptation, improvement, enhancement, translation, or derivative
work from the
application; (3) violate any applicable laws, rules, or
regulations in
connection with your access or use of the application; (4)
remove, alter, or
obscure any proprietary notice (including any notice of
copyright or trademark)
posted by us or the licensors of the application; (5) use the
application for
any revenue generating endeavor, commercial enterprise, or other
purpose for
which it is not designed or intended; (6) make the application
available over a
network or other environment permitting access or use by
multiple devices or
users at the same time; (7) use the application for creating a
product,
service, or software that is, directly or indirectly,
competitive with or in
any way a substitute for the application; (8) use the
application to send
automated queries to any website or to send any unsolicited
commercial e-mail;
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
application.
Apple and
Android Devices
The
following terms apply when you use a mobile application obtained
from either the Apple Store or Google Play (each an “App
Distributor”) to access the Site: (1) the license granted to you
for our mobile application 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 mobile application as specified in the terms and conditions
of this mobile application license contained in these
Terms of Service
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 mobile
application; (3) in the event of any failure of the mobile
application 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 mobile application, and to
the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever
with respect to the mobile application; (4) you represent and
warrant that (i) you are not located in a country that is
subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist supporting”
country and (ii) you are not listed on any U.S. government list
of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must
not be in violation of their wireless data service agreement
when using the mobile application; 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
Terms of Service
, 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
Terms of Service
against you as a
third-party beneficiary thereof.
As
part of the
functionality of the Site, 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 Site; 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 Site 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 Site.
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 Site. You will have the ability
to disable the connection between your account on the Site 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 Site. You can deactivate the connection between
the Site 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.
You
acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the right to submit
such Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
14.
THIRD-PARTY
WEBSITES AND CONTENT
The
Site may contain (or you may be sent via the Site) 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 Site or any Third-Party Content posted on, available
through, or installed from the Site, 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 Site 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
Terms of Service
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 Site or relating to any applications you
use or install from the Site. 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 harmless from any harm caused by
your purchase of such products or services. Additionally, you
shall hold us harmless 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.
15. U.S.
GOVERNMENT RIGHTS
Our
services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”)
2.101. If our services are acquired by or on behalf of any agency not within the
Department of Defense (“DOD”), our services are subject to the terms of these
Terms of Service
in accordance with FAR 12.212 (for
computer software) and FAR 12.211 (for technical data). If our services are acquired by
or on behalf of any agency within the Department of Defense, our services are subject to
the terms of these
Terms of Service
in accordance with Defense Federal
Acquisition Regulation (“DFARS”) 227.7202-
3.
In addition, DFARS 252.227-7015
applies to technical data acquired by the DOD. This U.S. Government Rights clause is in
lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that
addresses government rights in computer software or technical data under these
Terms of Service
.
We
reserve the right, but not the obligation, to: (1) monitor the Site for violations of these
Terms of Service
; (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these
Terms of Service
, 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 Site 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 Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
We
care about data privacy and security. Please review our Privacy Policy:
voxapp.ai/privacypolicy
. By using the Site, you agree to be bound by our Privacy
Policy, which is incorporated into these
Terms of Service
. Please be advised the
Site is hosted in
__________
. If you access the Site
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
__________
, then through your continued use of the Site,
you
are transferring your data to
__________
, and you agree to have your data transferred to and processed in
__________
.
18.
COPYRIGHT INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe that
any material available on or through the Site 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 Site infringes your
copyright, you should consider first contacting an attorney.
These
Terms of Service
shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF SERVICE
, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (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
TERMS OF SERVICE
OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE 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.
20. MODIFICATIONS AND
INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the
Site without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We
cannot guarantee the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site 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 Site during any downtime or discontinuance of the Site.
Nothing in these
Terms of Service
will be construed to obligate us to maintain and
support the Site or to supply any corrections, updates, or releases in connection therewith.
These
Terms of Service
and your use of the Site are governed by and
construed in accordance with the laws of
the Commonwealth of Massachusetts
applicable
to agreements made and to be entirely performed within
the Commonwealth
of Massachusetts
, without regard to its conflict of law principles.
To expedite resolution
and control the cost of any dispute, controversy, or claim related to
these
Terms of Service
(each "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 __________ days before initiating
arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
Any
dispute arising out of or in connection with this contract, including any question regarding its
existence, validity, or termination, shall be referred to and finally resolved by the International
Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise,
146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the
part of this clause. The number of arbitrators shall be __________. The
seat, or legal place, of arbitration shall be
__________
. The language to be used in the arbitral proceedings shall be __________
. The governing law of the contract shall be the substantive law of
__________
.
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 and 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.
23. CORRECTIONS
There may
be information on the Site 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 Site at any time,
without prior notice.
24. DISCLAIMER
THE SITE
IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR 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 SITE 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 SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE 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 SITE, (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 SITE, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, 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.
25. 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 SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
26. 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 Site; (3) breach of these
Terms of Service
; (4) any breach of your representations and warranties
set forth in these
Terms of Service
; (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 Site with whom you connected via the Site. 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.
27. USER DATA
We will
maintain certain data that you transmit to the Site for the purpose of managing the performance of the
Site, as well as data relating to your use of the Site. 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 Site. 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.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting
the Site, 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 Site, 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 SITE. 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.
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
Terms of Service
and any policies or operating rules posted by us on the
Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these
Terms of Service
shall not operate as a waiver of such right or provision.
These
Terms of Service
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
Terms of Service
is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable from these
Terms of Service
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
Terms of Service
or use of the Site. You agree that these
Terms of Service
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
Terms of Service
and the lack of signing by the parties hereto to execute
these
Terms of Service
.
31. FAIR USE POLICY
The
"Unlimited use" refers to normal and reasonable usage patterns, but please note that excessive or abusive usage that may impair the app's functionality for other users may result in temporary restrictions or termination of service. Our fair use policy is designed to ensure a positive experience for all users. If you have any questions on what constitutes normal and reasonable usage, please contact us.
32. CONTACT US
In order to
resolve a complaint regarding the Site or to receive further information regarding use of the
Site, please contact us at:
Trial and Error, Inc
1 Nashua St
Boston
02114
United States
Phone: 4168931849