Terms of Service for Gymcounselor.com
Please read the Terms of Service document carefully and comprehend all points before enrollment.
AGREEMENT TO TERMS
User Agreement: These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “client”) and GYM COUNSELOR FITNESS SOLUTIONS(“GYM COUNSELOR”, “Company”, “we,” “us” or “our”), concerning your access to and use of the Website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website and Mobile Application”). GYM COUNSELOR may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”), providing the Services to you on behalf of GYM COUNSELOR. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement. You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms and Conditions.
IF YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MOBILE APPLICATION AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY.
Changes to Terms & Conditions: Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions 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 Terms and Conditions by your continued use of the Website or using any of the Services after the date such revised Terms and Conditions become effective.
The information provided on the Website 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 Website 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.
Eligibility:You must be at least 18 to enroll under a coach on the Platform. If you are between the ages of 13-18, you may use our other free services (excluding Get a Coach) (“Paid Services”) only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Paid Services, provide any Personal Data to GYM COUNSELOR, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).
In consideration of being allowed to participate in the activities and structured diet programs offered by GYM COUNSELOR FITNES SOLUTIONS and to use its structured diet programs and training schedule, in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge and hold harmless GYM COUNSELOR and its coaches, consultants, officers, agents, and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from your participation in any activities, or your use of any structured diet or training programs. You do also hereby release GYM COUNSELOR, its coaches, consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to you, or in any way arising out of or connected with your participation in any activities with GYM COUNSELOR.
You understand and you are aware that strength, flexibility, and aerobic exercise, including the use of equipment are a potentially hazardous activity. You also understand that fitness activities involve a risk of loss of personal property, serious injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the risk involved. You hereby agree to expressly assume and accept any and all risks of loss of personal property, serious injury or death related to said fitness activities. In addition, You certify that you are 18 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery except as hereinafter stated.
And You also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to GYM COUNSELOR FITNESS SOLUTIONS before beginning any fat loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the Services. You do hereby acknowledge that GYM COUNSELOR FITNESS SOLUTIONS has recommended to you to obtain a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that GYM COUNSELOR FITNESS SOLUTIONS has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment. You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or that you have decided to participate in activity and use of equipment, machinery, and programs designed by GYM COUNSELOR FITNESS SOLUTIONS without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.
GYM COUNSELOR FITNESS SOLUTIONS DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE COACHES/TRAINING SPECIALISTS AND AVAILABLE ON THE WEBSITE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONSULT YOUR DOCTOR.
The diet/training programs provided by the coaches/training specialists and available on GYM COUNSELOR FITNESS SOLUTIONS are not meant to treat or manage any health condition. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new diet and/or training plan. You understand that you are agreeing to the terms of the Company i.e GYM COUNSELOR FITNESS SOLUTIONS having known that beforehand and understand that not following the instructions and structured diet programs entirely and regularly will not produce 100% results.
INTELLECTUAL PROPERTY RIGHTS
GYM COUNSELOR FITNESS SOLUTIONS is registered Trademarks of GYM COUNSELOR FITNESS SOLUTIONS Fitness Private Limited. Unless otherwise indicated, the Website is our proprietary property and all content, source code, databases, functionality, software, website designs, audio, video, text, images, photographs, graphics, illustrations, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials, including nutritional information contributed to the Food Database on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content or Marks may be modified, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, performed, encoded, translated, transmitted, distributed, sold, licensed, create derivative works of or otherwise exploited for any commercial purpose whatsoever in whole or in part, without our express prior written permission.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.
By using the Website, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete.
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Terms and Conditions;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Website through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Website for any illegal or unauthorized purpose; and
- your use of the Website 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 Website (or any portion thereof).
You may be required to register with the Website. 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.
TRAINING SPECIALIST POLICY
Prior to, or during, the course of your Training Specialist, health concerns may arise that may require further input from your doctor, physiotherapist, or other allied health care professional. If such concerns arise, you should consult an appropriate health professional before continuing your Training Specialist sessions. Please be aware that the Training Specialists are not health care professionals and cannot diagnose and/or prescribe treatment for any form of injury, disease, or other medical problem
You understand that you have the complete right to stop or decrease exercise at any time during a session, and that it is your obligation to notify your physician or seek medical attention immediately if you develop any symptoms such as fatigue, shortness of breath or chest discomfort.
Training Specialist or You will provide the equipment or machinery to be used in connection with workouts, including, but not limited to, benches, dumbbells, barbells, and similar items (“Equipment”), and You will have control over the area in which you perform your workouts. You represent and warrant any and all Equipment you provide for training sessions (“My Equipment”) is for personal use only. The Training Specialist has not inspected your Equipment and has no knowledge of its condition. You understand and You take the sole responsibility for your Equipment. You acknowledge that although the Training Specialist takes precautions to maintain the Equipment provided by the Training Specialist (“His Equipment”), His Equipment and/or Your Equipment (“His or Your Equipment”) may malfunction and/or cause Injuries and Changes (as defined below) and that You take sole responsibility to inspect any and all of His or Your Equipment. Furthermore, You take sole responsibility for any Injuries or Changes Training Specialist sustains while using Your Equipment to demonstrate an Activity, or otherwise, and agree to indemnify the Training Specialist for any and all medical expenses and lost wages related to his use of Your Equipment.
- All appointments for Training Specialists will be scheduled directly between the Training Specialist and You.
- Subsequently, if you have to cancel or reschedule any previously scheduled appointments, You must contact the Training Specialist directly at least 24 hours in advance of the scheduled appointment.
- If You do not cancel or reschedule an appointment at least 24 hours in advance, GYM COUNSELOR FITNESS SOLUTIONS reserves the right to deduct one session due to cancellation.
- If You fail to appear for a scheduled appointment, GYM COUNSELOR reserves the right to deduct one session due to cancellation for no show.
- All cancellations must be made 24 hours in advance by phone, text or email.
FEES AND PAYMENT
We accept the following forms of payment:
– Credit Card
– Debit Card
– Net Banking
– Mobile Wallets
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Website. GST 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 Indian National Rupees.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.
All purchases made offline at GYM COUNSELOR are non refundable.
If you are not satisfied with our services then you can ask for a coach change in the same tier as of your purchase or a refund by raising a concern to cancel your package subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect immediately upon approval.
Coach change may only be provided in the same tier as that of the enrolled coach, at the discretion of GYM COUNSELOR.
If you are unsatisfied with our services, please email us at firstname.lastname@example.org.
We do not tolerate harassment on GymCounselor. We want people to feel safe to engage and connect with their community. Our harassment policy applies to both public and private individuals because we want to prevent unwanted or malicious contact on the platform. Context and intent matter, and we allow people to share posts if it is clear that something was shared in order to condemn or draw attention to harassment. In addition to reporting such behavior and content, we encourage people to use tools available on GymCounselor to help protect against it. Anyone found in violation of this Harassment Policy will be banned immediately from the GymCounselor community and the users GymCounselor Account will be terminated.
- Repeatedly contact a single person despite that person’s clear desire and action to prevent that contact.
- Repeatedly contact large numbers of people with no prior solicitation.
- Make Posts, Comments or Send messages that contain:
- Cursing aimed at an individual or group of individuals in the thread.
- Calls for death, serious disease or disability, or physical harm aimed at an individual or group of individuals in the thread.
- trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people.
- Claims that a victim of a violent tragedy is lying about being a victim, acting/pretending to be a victim of a verified event, or otherwise is paid or employed to mislead people about their role in the event when sent directly to a survivor and/or immediate family member of a survivor or victim.
- Send messages to a group that contain trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people, regardless of whether the person being targeted is a public or private individual.
- Target anyone maliciously, including public figures, by
- Attacking them based on their status as a victim of sexual assault or sexual exploitation.
- Threatening any participant in public discourse with violence in an attempt to intimidate or silence them.
- Calling for self-injury or suicide of a specific person, or group of people.
- Target victims or survivors of violent tragedies by name or by image, with claims that they are
- Lying about being a victim of an event.
- Acting/pretending to be a victim of an event.
- Otherwise paid or employed to mislead people about their role in the event.
- Target a minor with:
- Claims about sexual activity or sexually transmitted disease(s).
- Content has been photoshopped to include threats of violence either in text or image (for example, adding bullseye, dart, gun to head).
- Calls for death or serious disease or disability.
- Statements of intent to commit violence or low severity harm in an attempt to silence someone.
- Objects created to attack through:
- Cursing at an individual or individuals.
- Degrading physical description.
- Claims about blasphemy.
- Expressions of contempt.
- Expressions of disgust.
PUBLIC PROFILE; INFORMATION PROVIDED BY MEMBERS
In order to join a Group in GymCounselor or access similar services that provide Public Forums or interactions with other members, you may be required to keep your privacy settings off, which may make public certain identifying information (such as profile photos, etc.). In addition, members have the option to post photographs, messages, videos and other information on GymCounselor Groups. GYM COUNSELOR FITNESS SOLUTIONS relies on its members to provide current and accurate information, and GYM COUNSELOR FITNESS SOLUTIONS does not, and cannot, investigate information contained in member public profiles. Accordingly, we must assume that information contained in each member’s public profile is current and accurate. GYM COUNSELOR FITNESS SOLUTIONS DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THEIR USE OF THE SERVICES.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Website.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITION, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND MOBILE APPLICATION 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.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website 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 Website during any downtime or discontinuance of the Website. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
These Terms and Conditions and your use of the Website shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Chhattisgarh.
Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after:
- when such cause of action accrues; or
- such User becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.
If any dispute, controversy or claim arises under this Agreement or in relation to any Service or the GymCounselor Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, GYM COUNSELOR FITNESS SOLUTIONS may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Chhattisgarh and the language of this arbitration shall be English. Either You or GYM COUNSELOR FITNESS SOLUTIONS may seek any interim or preliminary relief from a court of competent jurisdiction in Chhattisgarh necessary to protect the rights or the property belonging to You or GYM COUNSELOR FITNESS SOLUTIONS (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor GYM COUNSELOR FITNESS SOLUTIONS may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and GYM COUNSELOR FITNESS SOLUTIONS. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive the termination of this Agreement.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
- no arbitration shall be joined with any other proceeding;
- there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
- 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 Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
- any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
- any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
- any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Website 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 Website at any time, without prior notice.
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE 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 WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR 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 WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, 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.
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 PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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:
- your Contributions;
- use of the Website;
- breach of these Terms and Conditions;
- any breach of your representations and warranties set forth in these Terms and Conditions;
- your violation of the rights of a third party, including but not limited to intellectual property rights; or
- any overt harmful act toward any other user of the Website with whom you connected via the Website. 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.
We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we encrypt and 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 Website. 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.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, 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 Website, 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 WEBSITE.
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.