TERMS OF USE
Last updated
August 21, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Symblicity Inc
, doing business as Lead With Purpose
(
"Company,"
"we," "us," "our"
)
, a company registered in
California , United
States
at 4140 Oceanside Blvd, Suite 159 #347
, Oceanside
, CA
92056
.
We operate the
website
https://app.leadwithpurpose.com
(the "Site"
) ,
the mobile application Lead With
Purpose
(the "App"
) , 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 ()7602838834 , email at [email protected]
, or by mail to 4140 Oceanside Blvd, Suite 159 #347
, Oceanside
, CA
92056
,
United States
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
"you" ), and
Symblicity Inc , 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.
Supplemental terms and conditions or documents that may
be posted on the Services 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 Legal Terms at any time and for any reason
. We
will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically review these Legal Terms to
stay
informed of updates. You will be subject to, and will be deemed to have been made aware of and to have
accepted,
the changes in any revised Legal Terms by your continued use of the Services after the date such revised
Legal
Terms are posted.
We recommend that you print a
copy of
these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The
information provided when using the Services 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 Services 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
Services are 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 the Services. You may not use the Services in a way that
would
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
"Content" ), as well as the trademarks, service marks,
and
logos contained therein (the "Marks"
).
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair competition laws) and treaties
in the United States and
around
the world.
The Content and Marks are provided in or through the
Services "AS IS" for your
personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the " PROHIBITED
ACTIVITIES
" section below, we grant
you a
non-exclusive, non-transferable, revocable license to:
- access the Services; and
- 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 or internal business purpose
.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services 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.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request
to:
[email protected] . If we ever grant you
the
permission to post, reproduce, or publicly display any part of our Services or Content, you must identify
us as
the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary
notice
appears or is visible on posting, reproducing, or displaying our Content.
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.
By using the Services, you represent and warrant
that:
(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and
promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply
with
these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; ( 5) you will not access the Services through automated or
non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and
(7) your use of the Services will not violate any
applicable
law or regulation.
If you provide any
information that
is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your
account
and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to
register
to use the Services. You agree to keep your password confidential and will be responsible for all
use of
your account and password. 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.
We accept the following forms of payment:
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to promptly
update
account and payment information, including email address, payment method, and payment card expiration
date, so
that we can complete your transactions and contact you as needed. 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 US dollars .
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorize
us to charge your chosen payment provider for any such
amounts
upon placing your order. We reserve the right to correct any errors 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 our sole discretion, limit or cancel quantities purchased per person, per
household, or
per order. These restrictions may include orders placed by or under the same customer account, the same
payment
method, and/or orders that use the same billing or shipping address. We reserve the right to limit or
prohibit
orders that, in our sole judgment
, appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Free Trial
We
offer a 14 -day free trial to new users who register with the Services.
The account will be charged according to the user's chosen subscription at the
end
of the free trial.
Cancellation
Fee Changes
7. PROHIBITED ACTIVITIES
You may not access or use the
Services for any purpose other than that for which we make the Services available. The Services 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
Services, you
agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from 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 Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services 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 Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active
information collection or transmission mechanism, including without limitation, clear
graphics
interchange formats (
"gifs" ), 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 Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except
as may be the result of standard search engine or Internet browser usage, use, launch,
develop,
or distribute any automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under falsepretenses . - Use
the Services as part of any effort to compete with us or otherwise use the Services and/or
the
Content for any revenue-generating
endeavor or commercial enterprise. -
Use the Services to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
- 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 authorizeus, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are not obscene,
lewd,
lascivious, filthy, violent, harassing,
libelous , slanderous, or otherwise objectionable (as determined by 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 Legal Terms, or any applicable law or regulation.
Any use of the Services
in
violation of the foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By posting your
Contributions
to any part of the Services
, you automatically grant, and you represent and warrant that you have the right to grant,
to 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
Services. You
are solely responsible for your Contributions to the Services 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 Services; 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.
10. 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.
11. 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.
12. 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.
13. PRIVACY POLICY
We care about data privacy and
security.
Please review our Privacy Policy:
https://app.leadwithpurpose.com/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
.
14. 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.
15. 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.
16. 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.
17. 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 California
applicable to agreements made and to be entirely performed within
the State of California
, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the
"Parties" and individually, a "Party"
) shall be commenced or prosecuted in the state and federal courts
located in
San Diego County ,
California
, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to venue and jurisdiction in such
state and federal courts . Application of the United
Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction
Act
(UCITA) are excluded from these Legal Terms. In no event shall any claim,
action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.
19. 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.
20. 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.
21. 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 LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
six (6)
MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
OR
$50.00 USD
.
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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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: