TERMS AND CONDITIONS
Last updated June 02, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Animus
Technology Corporation , doing business
as Animus ( "Company,"
"we," "us,"
"our" ) , a company registered in
Virginia , United
States
at 278 Cedar Lane
SE , #4100 , Vienna ,
VA
22180 .
We operate
the website https://www.animus.tech (the
"Site" ) , the mobile application Animus (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 7036721901 , email at [email protected] , or by mail to 278 Cedar Lane SE ,
#4100 , Vienna , VA
22180 ,
United States .
These Legal
Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity
( "you" ), and Animus Technology Corporation , 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 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 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 " DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND
POLICY " 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
Cancellation
Fee Changes
7. SOFTWARE
We may include software for use in connection with our Services. If
such software is accompanied by an end user license agreement ( "EULA" ), the terms of the EULA will govern 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 license to use such software solely in connection with
our services and in accordance with these Legal Terms. Any software and any related documentation is
provided "AS IS" without warranty of any kind, either express or
implied, including, without limitation, the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software.
You may not reproduce or redistribute any software except in accordance with the EULA or these Legal
Terms.
8. 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 false pretenses . - 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.
9. 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 authorize us, 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.
10. 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.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic devices owned or
controlled by you, and to access and use the App on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Legal Terms. You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App
for any revenue-generating endeavor , commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the App available over a network or other environment
permitting access or use by multiple devices or users at the same time; (7) use the App for creating a
product, service, or software that is, directly or indirectly, competitive with or in any way a substitute
for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in
the design, development, manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the App.
Apple and Android Devices
The following terms
apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor" ) to access the Services: (1) the license granted to you for our App is limited to a
non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms
of service; (2) we are responsible for providing any maintenance and support services with respect to the
App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the
App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the
App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty
obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in
a country that is subject to a US government embargo, or that has been designated by the US government as a
"terrorist supporting" country and (ii) you are not listed on any US
government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms
of agreement when using the App, e.g. , if you have a VoIP application, then you must
not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and
agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Legal Terms, and that each
App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and
conditions in this mobile application license contained in these Legal Terms against you as a
third-party beneficiary thereof.
12. 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.
13. 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.
14. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our
Privacy Policy posted on the Services, 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 .
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
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 our Designated Copyright Agent 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 federal 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.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include
the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a
representative list of such works on the Services; (3) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the material; (4) information
reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number,
and, if available, an email address at which the complaining party may be contacted; (5) a statement that
the complaining party has a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed upon.
Counter Notification
If you believe your
own copyrighted material has been removed from the Services as a result of a mistake or misidentification,
you may submit a written counter notification to our Designated Copyright Agent using the contact
information provided below (a "Counter
Notification" ). To be an effective
Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1)
identification of the material that has been removed or disabled and the location at which the material
appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the
Federal District Court in which your address is located, or if your address is outside the United States,
for any judicial district in which we are located; (3) a statement that you will accept service of process
from the party that filed the Notification or the party's agent; (4) your name, address, and telephone
number; (5) a statement under penalty of perjury that you have a good faith belief that the material in
question was removed or disabled as a result of a mistake or misidentification of the material to be removed
or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above,
we will restore your removed or disabled material, unless we first receive notice from the party filing the
Notification informing us that such party has filed a court action to restrain you from engaging in
infringing activity related to the material in question. Please note that if you materially misrepresent
that the disabled or removed content was removed by mistake or misidentification, you may be liable for
damages, including costs and attorney's fees. Filing a false Counter Notification constitutes
perjury.
Attn: Copyright
Agent
16. 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.
17. 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.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance
with the laws of the Commonwealth of Virginia applicable to agreements made and to be
entirely performed within the Commonwealth of Virginia , without regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control
the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes" ) brought by either
you or us (individually, a "Party" and
collectively, the "Parties" ),
the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Fairfax
County , Virginia , 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.
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
20. 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.
21. 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.
22. 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 $500.00
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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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: