TERMS AND CONDITIONS
Last updated February 25, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Tactile Design Company Ltd., doing business as Solo School and Tactile
Design Co. ('Company', 'we', 'us', or 'our'), a company registered in Canada at 37 -
46211 Promontory Rd., Chilliwack, British Columbia V2R6E4.
We operate the website https://soloschool.ca (the 'Site'), as well as any other related
products and services that refer or link to these legal terms (the 'Legal Terms')
(collectively, the 'Services').
You can contact us by phone at 6043163138, email at [email protected], or by mail
to 37 - 46211 Promontory Rd., Chilliwack, British Columbia V2R6E4, Canada.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ('you'), and Tactile Design Company Ltd.,
concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal
Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you
are using. The modified Legal Terms will become effective upon posting or notifying
you by [email protected], as stated in the email message. By continuing to use the
Services after the effective date of any changes, you agree to be bound by the
The Services are intended for users who are at least 18 years old. Persons under the
age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENCE
11. THIRD-PARTY WEBSITES AND CONTENT
13. SERVICES MANAGEMENT
15. COPYRIGHT INFRINGEMENTS
16. TERM AND TERMINATION
17. MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
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22. LIMITATIONS OF LIABILITY
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. CALIFORNIA USERS AND RESIDENTS
28. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution toor use by any person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly, thosepersons who choose to access the Services from other locations do so on their owninitiative and are solely responsible for compliance with local laws, if and to the extentlocal laws are applicable.
The Services are not tailored to comply with industry-specific regulations (HealthInsurance Portability and Accountability Act (HIPAA), Federal Information SecurityManagement Act (FISMA), etc.), so if your interactions would be subjected to suchlaws, you may not use the Services. You may not use the Services in a way thatwould violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,including all source code, databases, functionality, software, website designs, audio,video, text, photographs, and graphics in the Services (collectively, the
), aswell as the trademarks, service marks, and logos contained therein (the
Our Content and Marks are protected by copyright and trademark laws (and variousother intellectual property rights and unfair competition laws) and treaties in theUnited States and around the world.
The Content and Marks are provided in or through the Services
personal, non-commercial use or internal business purpose
Your use of our Services
Subject to your compliance with these Legal Terms, including the
section below, we grant you a non-exclusive, non-transferable,revocable
access the Services; and
download or print a copy of any portion of the Content to which you haveproperly gained access.
solely for your
personal, non-commercial use or internal business purpose
Except as set out in this section or elsewhere in our Legal Terms, no part of theServices 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 purposewhatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set outin this section or elsewhere in our Legal Terms, please address your request to:
. If we ever grant you the permission to post, reproduce, orpublicly display any part of our Services or Content, you must identify us as theowners or licensors of the Services, Content, or Marks and ensure that any copyrightor proprietary notice appears or is visible on posting, reproducing, or displaying ourContent.
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 ofour Legal Terms and your right to use our Services will terminate immediately.
Please review this section and the
section carefully priorto using our Services to understand the (a) rights you give us and (b) obligations youhave when you post or upload any content through the Services.
By directly sending us any question, comment, suggestion, idea,feedback, or other information about the Services (
), you agree toassign to us all intellectual property rights in such Submission. You agree that weshall own this Submission and be entitled to its unrestricted use and disseminationfor any lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you.
The Services may invite you to chat, contribute to, or participate inblogs, message boards, online forums, and other functionality during which you maycreate, submit, post, display, transmit, publish, distribute, or broadcast content andmaterials 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 (
). Any Submission that ispublicly 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
(including use of yourname, trademarks, and logos):
By posting any Contributions, you grant us anunrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
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 otherworks, your Contributions, and to
sublicence the licences
granted in this section. Ouruse and distribution may occur in any media formats and through any mediachannels.
includes our use of your name, company name, and franchise name, asapplicable, and any of the trademarks, service marks, trade names, logos, andpersonal 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 makingContributions accessible through the Services by linking your account through theServices to any of your social networking accounts,
confirm that you have read and agree with our
andwill not post, send, publish, upload, or transmit through the Services anySubmission
nor post any Contribution
that is illegal, harassing, hateful,harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening toany person or group, sexually explicit, false, inaccurate, deceitful, ormisleading;
to the extent permissible by applicable law, waive any and all moral rights toany such Submission
warrant that any such Submission
are original to you orthat you have the necessary rights and
to submit such Submissions
and that you have full authority to grant us the above-mentioned rights in relation to your Submissions
warrant and represent that your Submissions
do notconstitute confidential information.
You are solely responsible for your Submissions
and youexpressly agree to reimburse us for any and all losses that we may suffer because ofyour 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 monitorany Contributions, we shall have the right to remove or edit any Contributions at anytime without notice if in our reasonable opinion we consider such Contributionsharmful or in breach of these Legal Terms. If we remove or edit any suchContributions, we may also suspend or disable your account and report you to theauthorities.
We respect the intellectual property rights of others. If you believe that any materialavailable on or through the Services infringes upon any copyright you own or control,please immediately refer to the
By using the Services, you represent and warrant that:
) all registration informationyou submit will be true, accurate, current, and complete; (
) you will maintain theaccuracy of such information and promptly update such registration information asnecessary;
) you have the legal capacity and you agree to comply with these LegalTerms;
) you are not a minor in the jurisdiction in which you reside
) you will notaccess the Services through automated or non-human means, whether through abot, script or otherwise; (
) you will not use the Services for any illegal or
purpose; and (
) your use of the Services will not violate any applicablelaw 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 allcurrent or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep yourpassword confidential and will be responsible for all use of your account andpassword. We reserve the right to remove, reclaim, or change a username you selectif we determine, in our sole discretion, that such username is inappropriate, obscene,or otherwise objectionable.
PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and accountinformation for all purchases made via the Services. You further agree to promptlyupdate account and payment information, including email address, payment method,and payment card expiration date, so that we can complete your transactions andcontact you as needed. Sales tax will be added to the price of purchases as deemedrequired by us. We may change prices at any time. All payments shall be
You agree to pay all charges at the prices then in effect for your purchases and anyapplicable shipping fees, and you
us to charge your chosen paymentprovider for any such amounts upon placing your order.
If your order is subject torecurring charges, then you consent to our charging your payment method on arecurring basis without requiring your prior approval for each recurring charge, untilsuch time as you cancel the applicable order.
We reserve the right to correct anyerrors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in oursole discretion, limit or cancel quantities purchased per person, per household, or perorder. These restrictions may include orders placed by or under the same customeraccount, the same payment method, and/or orders that use the same billing orshipping address. We reserve the right to limit or prohibit orders that, in our sole
, appear to be placed by dealers, resellers, or distributors.
All purchases are non-refundable.
You can cancel your subscription at any time bycontacting us using the contact information provided below.
Your cancellation willtake effect at the end of the current paid term.
If you are unsatisfied with our Services, please email us at
or callus at
We may include software for use in connection with our Services. If such software isaccompanied by an end user
), the terms of the EULA willgovern your use of the software. If such software is not accompanied by a EULA,then we grant to you a non-exclusive, revocable, personal, and non-transferable
to use such software solely in connection with our services and in accordancewith these Legal Terms. Any software and any related documentation is provided
without warranty of any kind, either express or implied, including, withoutlimitation, the implied warranties of merchantability, fitness for a particular purpose, ornon-infringement. You accept any and all risk arising out of use or performance ofany software. You may not reproduce or redistribute any software except inaccordance with the EULA or these Legal Terms.
You may not access or use the Services for any purpose other than that for which wemake the Services available. The Services may not be used in connection with anycommercial
except those that are specifically endorsed or approved byus.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create orcompile, directly or indirectly, a collection, compilation, database, or directorywithout written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of theServices, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Services and/or the Contentcontained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, orharm another person.
Make improper use of our support services or submit false reports of abuse ormisconduct.
Use the Services in a manner inconsistent with any applicable laws orregulations.
framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Services.
Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering 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 ofanother user.
Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (
), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as
'spyware' or 'passive collection mechanisms' or 'pcms'
Interfere with, disrupt, or create an undue burden on the Services or thenetworks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent orrestrict access to the Services, or any portion of the Services.
Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Services.
Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Services, or use or launch any
script or othersoftware.
Use a buying agent or purchasing agent to make purchases on the Services.
use of the Services, including collecting usernamesand/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means orunder false
Use the Services as part of any effort to compete with us or otherwise use theServices and/or the Content for any revenue-generating
USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, messageboards, online forums, and other functionality, and may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Services, including but not limited totext, writings, video, audio, photographs, graphics, comments, suggestions, orpersonal information or other material (collectively,
). Contributions maybe viewable by other users of the Services and through third-party websites. As such,any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you therebyrepresent and warrant that:
The creation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will notinfringe 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
, rights,consents, releases, and permissions to use and to
us, the Services,and other users of the Services to use your Contributions in any mannercontemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name or likenessof each and every such identifiable individual person to enable inclusion anduse of your Contributions in any manner contemplated by the Services andthese Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or
advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or otherforms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.
Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specificperson 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 thirdparty.
Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.
Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, anyprovision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms andmay result in, among other things, termination or suspension of your rights to use theServices.
By posting your Contributions to any part of the Services
, you automatically grant,and you represent and warrant that you have the right to grant, to us an unrestricted,unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,worldwide right, and
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 suchContributions (including, without limitation, your image and voice) for any purpose,commercial, advertising, or otherwise, and to prepare derivative works of, orincorporate into other works, such Contributions, and grant and
of the foregoing. The use and distribution may occur in any mediaformats and through any media channels.
will apply to any form, media, or technology now known or hereafterdeveloped, 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 yourContributions, and you warrant that moral rights have not otherwise been asserted inyour Contributions.
We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Services.You are solely responsible for your Contributions to the Services and you expresslyagree to exonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwisechange any Contributions; (2) to
any Contributions to place them inmore appropriate locations on the Services; and (3) to pre-screen or delete anyContributions at any time and for any reason, without notice. We have no obligationto monitor your Contributions.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the
) links to other websites(
) as well as articles, photographs, text, graphics, pictures,designs, music, sound, video, information, applications, software, and other contentor items belonging to or originating from third parties (
Content are not investigated, monitored, orchecked for accuracy, appropriateness, or completeness by us, and we are notresponsible for any Third-Party Websites accessed through the Services or any
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
Websites or the
Content. Inclusion of, linking to, or permitting the use or installation of any
Websites or any
Content does not imply approval or endorsement thereofby us. If you decide to leave the Services and access the
Websites or touse or install any
Content, you do so at your own risk, and you should beaware these Legal Terms no longer govern. You should review the applicable termsand policies, including privacy and data gathering practices, of any website to whichyou navigate from the Services or relating to any applications you use or install fromthe Services. Any purchases you make through
Websites will be throughother websites and from other companies, and we take no responsibility whatsoeverin relation to such purchases which are exclusively between you and the applicablethird party. You agree and acknowledge that we do not endorse the products orservices offered on
Websites and you shall hold us blameless from anyharm caused by your purchase of such products or services. Additionally, you shallhold us blameless from any losses sustained by you or harm caused to you relatingto or resulting in any way from any
Content or any contact with
We allow advertisers to display their advertisements and other information in certainareas of the Services, such as sidebar advertisements or banner advertisements. Wesimply provide the space to place such advertisements, and we have no otherrelationship with advertisers.
We reserve the right, but not the obligation, to: (1) monitor the Services for violationsof these Legal Terms; (2) take appropriate legal action against anyone who, in oursole discretion, violates the law or these Legal Terms, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) inour sole discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in size or are inany way burdensome to our systems; and (5) otherwise manage the Services in amanner designed to protect our rights and property and to facilitate the properfunctioning of the Services.
. If youaccess the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ fromapplicable laws in
, then through your continued use of theServices, you are transferring your data to
, and you expresslyconsent to have your data transferred to and processed in
We respect the intellectual property rights of others. If you believe that any materialavailable on or through the Services infringes upon any copyright you own or control,please immediately notify us using the contact information provided below (a
). A copy of your Notification will be sent to the person who posted orstored the material addressed in the Notification. Please be advised that pursuant toapplicable law you may be held liable for damages if you make materialmisrepresentations in a Notification. Thus, if you are not sure that material located onor linked to by the Services infringes your copyright, you should consider firstcontacting an attorney.
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, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGALTERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANYTIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited fromregistering 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 takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Services.
We will not be liable to you orany third party for any modification, price change, suspension, or discontinuance ofthe Services.
We cannot guarantee the Services will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change,revise, update, suspend, discontinue, or otherwise modify the Services at any time orfor any reason without notice to you. You agree that we have no liability whatsoeverfor any loss, damage, or inconvenience caused by your inability to access or use theServices during any downtime or discontinuance of the Services. Nothing in theseLegal Terms will be construed to obligate us to maintain and support the Services orto supply any corrections, updates, or releases in connection therewith.
These Legal Terms shall be governed by and defined following the laws of
Tactile Design Company Ltd.
and yourself irrevocably consent that the courts of
shall have exclusive jurisdiction to resolve any dispute which may arise inconnection with these Legal Terms.
To expedite resolution and control the cost of any dispute, controversy, or claimrelated to these Legal Terms (each a
'Dispute' and collectively, the 'Disputes'
) broughtby either you or us (individually, a
'Party' and collectively, the 'Parties'
), the Partiesagree to first attempt to negotiate any Dispute (except those Disputes expresslyprovided below) informally for at least
days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to theother Party.
Any dispute arising out of or in connection with these Legal Terms, including anyquestion regarding its existence, validity, or termination, shall be referred to andfinally resolved by the International Commercial Arbitration Court under the EuropeanArbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rulesof this ICAC, which, as a result of referring to it, is considered as the part of thisclause. The number of arbitrators shall be
. The seat, or legal place, orarbitration shall be
. The language of the proceedings shall be
. The governing law of these Legal Terms shall be substantive law of
The Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to
class action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative 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 provisionsconcerning informal negotiations binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or
use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.
There may be information on the Services that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Services at any time,without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THECONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THESERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FORANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ANDMATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESERVICES, (3) ANY
ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION ORCESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANYCONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIATHE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR INANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ASWITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUMOR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
ANDEXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THELESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOWLIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONOF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OFTHE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, ANDYOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, and employees, fromand against any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of:
) use of the Services; (
) breach of these Legal Terms; (
) anybreach of your representations and warranties set forth in these Legal Terms; (
) yourviolation of the rights of a third party, including but not limited to intellectual propertyrights; or (
) any overt harmful act toward any other user of the Services with whomyou connected via the Services. Notwithstanding the foregoing, we reserve the right,at your expense, to assume the exclusive
and control of any matter forwhich you are required to indemnify us, and you agree to cooperate, at yourexpense, with our
of such claims. We will use reasonable efforts to notifyyou of any such claim, action, or proceeding which is subject to this indemnificationupon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose ofmanaging the performance of the Services, as well as data relating to your use of theServices. Although we perform regular routine backups of data, you are solelyresponsible for all data that you transmit or that relates to any activity you haveundertaken using the Services. You agree that we shall have no liability to you forany loss or corruption of any such data, and you hereby waive any right of actionagainst us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications, andyou agree that all agreements, notices, disclosures, and other communications weprovide to you electronically, via email and on the Services, satisfy any legalrequirement that such communication be in writing. YOU HEREBY AGREE TO THEUSE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHERRECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THESERVICES. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which require anoriginal signature or delivery or retention of non-electronic records, or to payments orthe granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the California Department ofConsumer 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.
These Legal Terms and any policies or operating rules posted by us on the Servicesor in respect to the Services constitute the entire agreement and understandingbetween you and us. Our failure to exercise or enforce any right or provision of theseLegal Terms shall not operate as a waiver of such right or provision. These LegalTerms operate to the fullest extent permissible by law. We may assign any or all ofour rights and obligations to others at any time. We shall not be responsible or liablefor any loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these Legal Terms isdetermined to be unlawful, void, or unenforceable, that provision or part of theprovision is deemed severable from these Legal Terms and does not affect thevalidity and enforceability of any remaining provisions. There is no joint venture,partnership, employment or agency relationship created between you and us as aresult of these Legal Terms or use of the Services. You agree that these Legal Termswill not be construed against us by virtue of having drafted them. You hereby waiveany and all
you may have based on the electronic form of these LegalTerms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive furtherinformation regarding use of the Services, please contact us at:
Tactile Design Company Ltd.
37 - 46211 Promontory Rd.