We are Reign Labs,Inc., doing business as Pair AI ("Company," "we,""us," "our").
We operate the websiteprofgcourse.com (the"Site"), as well as any other related productsand services that refer or link to these legal terms (the "LegalTerms") (collectively,the "Services").
These Legal Termsconstitute a legally binding agreement made between you, whether personally oron behalf of an entity("you"), and Reign Labs, Inc., concerning youraccess to and use of the Services. By accessing, browsing and/or using this service(“profgcourse”),its related web pages, interactive features and applications,and their respective contents, or any other website linking to these terms,whether accessed via computer, mobile device or other technology (collectively,the “Site”), you acknowledge that you have read, understood, and agree, to bebound by these “Terms of Service” (the “Terms”) and to comply with allapplicable laws and regulations, including export and re-export control lawsand regulations. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THENYOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUEUSE IMMEDIATELY.
Supplemental terms andconditions or documents that may be posted on the Services from time to timeare hereby expressly incorporated herein by reference. We reserve the right, inour sole discretion, to make changes or modifications to these Legal Terms atany time which will be reflected by us modifying the "Lastupdated"date at the top of our terms. You waive any right to receivespecific notice for any changes made to our terms of service. It is yourresponsibility to periodically review these Legal Terms to stay informed ofupdates. You will be subject to, and will be deemed to have been made aware ofand to have accepted , the changes in any revised Legal Terms by your continueduse of the Services after the date such revised Legal Terms are posted.
The Services areintended for users who are at least 18 years old. Persons under the age of 18are not permitted to use or register for the Services.
We recommend that youprint a copy of these Legal Terms for your records.
1. OUR SERVICES
2. INTELLECTUAL PROPERTYRIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
6. PURCHASES AND PAYMENT
7. REFUNDS POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATEDCONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. SOCIAL MEDIA
12. THIRD-PARTY WEBSITESAND CONTENT
14. SERVICES MANAGEMENT
16. TERM AND TERMINATION
17. MODIFICATIONS ANDINTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
22. LIMITATIONS OFLIABILITY
24. USER DATA
25. ELECTRONICCOMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
26. CALIFORNIA USERS ANDRESIDENTS
28. CONTACT US
1. OUR SERVICES
The informationprovided when using theServices is not intended for distribution to or use byany person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Services from other locations do so ontheir own initiative and are solely responsible for compliance with local laws,if and to the extent local laws are applicable.
The Services are nottailored to comply within dustry-specific regulations (Health InsurancePortability and Accountability Act (HIPAA), Federal Information SecurityManagement Act (FISMA), etc.), so ifyour interactions would be subjected tosuch laws, you may not use theServices. You may not use the Services in a waythat would violate theGramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTYRIGHTS
We are the owner or thelicensee of all intellectual property rights in our Services, including allsource 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").
You understand andacknowledge that the software, code, proprietary methods and systems used toprovide the Web Site (“Our Technology”) are: (a) copyrighted by us and/or ourlicensors under United States and international copyright laws; (b) subject toother intellectual property and proprietary rights and laws; and (c) owned byus or our licensors. Our Technology may not be copied, modified, reproduced,republished, posted , transmitted, sold, offered for sale, or redistributed inany way without our prior written permission and the prior written permissionof our applicable licensors. You must abide by all copyright notices,information, or restrictions contained in or attached to any of Our Technology.Nothing in these Terms of Service grants you any right to receive delivery of acopy of Our Technology or to obtain access to Our Technology except asgenerally and ordinarily permitted through the Web Site according to theseTerms of Service. Furthermore, nothing in these Terms of Service will be deemedto grant you, by implication, estoppel or otherwise, a license to OurTechnology.
Certain of the names,logos, and other materials displayed via the Web site constitute trademarks,trade names, service marks or logos (“Marks”) of us or other entities. You arenot authorized to use any such Marks. Ownership of all such Marks and the goodwillassociated there with remains with us or those other entities. Any use of thirdparty software provided in connection with the Web Site will be governed bysuch third parties’ licenses and not by these Terms of Service.
Your use of our Services
Subject to yourcompliance with these LegalTerms, including the "PROHIBITEDACTIVITIES" section below, we grant you a non-exclusive, non-transferable,revocable license to:
access the Servicessolely for your personal, non-commercial use or internal business purpose.
Except as set out inthis section or else wherein our Legal Terms, no part of the Services and noContent or Marks may be copied, reproduced, aggregated, republished, uploaded,posted, publicly displayed, encoded, translated, transmitted, distributed, sold,licensed, or other wise exploited for any commercial purpose whatsoever,without our express prior written permission.
If you wish tomake any use of the Services,Content, or Marks other than as set out in thissection or elsewhere in ourLegal Terms, please address your request to:email@example.com. If we ever grant you the permission to post, reproduce, orpublicly display any part of our Services or Content, you must identify us asthe owners or licensors of theServices, Content, or Marks and ensure that anycopyright or proprietary notice appears or is visible on posting, reproducing,or displaying our Content.
We reserve all rightsnot expressly granted to you in and to the Services, Content, and Marks.
Any breach of theseIntellectual PropertyRights will constitute a material breach of our LegalTerms and your right to use our Services will terminate immediately.
Your submissions andcontributions
Please review thissection and the"PROHIBITED ACTIVITIES" section carefully prior tousing our Servicesto understand the (a) rights you give us and (b) obligationsyou have when youpost or upload any content through the Services.
Submissions: By directlysending us any question, comment, suggestion, idea, feedback, or otherinformation about the Services ("Submissions"), you agree to assignto us all intellectual property rights in such Submission. You agree that weshall own this Submission and be entitled to its unrestricted use anddissemination for any lawful purpose, commercial or otherwise, withoutacknowledgment or compensation to you.
Contributions: TheServices may invite you to chat, contribute to, or participate in blogs,message boards, online forums, and other functionality during which you maycreate, submit, post, display, transmit, publish, distribute, or broadcastcontent and materials to us or through the Services, including but not limitedto text, writings, video, audio, photographs, music, graphics, comments,reviews, rating suggestions, personal information, or other material("Contributions"). AnySubmission that is publicly posted shall alsobe treated as a Contribution.
You understand thatContributions may be viewable by other users of the Services and possiblythrough third-party websites.
When you postContributions, 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, publiclydisplay, reformat, translate, excerpt (in whole orin part), and exploit yourContributions (including, without limitation, your image, name, and voice) forany purpose, commercial, advertising, or otherwise, to prepare derivative worksof, or incorporate into other works, yourContributions, and to sublicense thelicenses granted in this section. Our use and distribution may occur in anymedia formats and through any media channels.
This license includesour use of your name, company name, and franchise name, as applicable, and anyof the trademarks, service marks, trade names, logos, and personal andcommercial images you provide.
You are responsible forwhat you post or upload: By sending us Submissions and/or posting Contributionsthrough any part of the Services or making Contributions accessible through theServices by linking your account through the Services to any of your socialnetworking accounts, you:
confirm that you haveread and agree with our"PROHIBITED ACTIVITIES" and will not post,send, publish, upload, or transmit through the Services any Submission nor postany Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene,bullying, abusive, discriminatory, threatening to any person or group, sexuallyexplicit, false, inaccurate, deceitful, or misleading;
to the extentpermissible by applicable law, waive any and all moral rights to any suchSubmission and/or Contribution;
warrant that any suchSubmission and/orContributions are original to you or that you have thenecessary rights and licenses to submit such Submissions and/or Contributionsand that you have full authority to grant us the above-mentioned rights inrelation to yourSubmissions and/or Contributions; and
warrant and representthat your Submission sand/or Contributions do not constitute confidentialinformation.
You are solelyresponsible for yourSubmissions and/or Contributions and you expressly agree toreimburse us for any and all losses that we may suffer because of your breachof (a) this section, (b) any third party’s intellectual property rights, or (c)applicable law.
We may remove oredit 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 withoutnotice if in our reasonable opinion we consider such Contributions harmful orin breach of theseLegal Terms. If we remove or edit any such Contributions, wemay also suspend or disable your account and report you to the authorities.
3. USER REPRESENTATIONS
By using the Services,you represent and warrant that: (1) all registration information you submitwill be true, accurate, current, and complete; (2) you will maintain theaccuracy of such information and promptly update such registration informationas necessary; (3)you have the legal capacity and you agree to comply with theseLegal 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 Servicesfor any illegal or unauthorized purpose; and (7) your use of the Services willnot violate any applicable law or regulation.
If you provide anyinformation that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current orfuture use of theServices (or any portion thereof).
4. USER REGISTRATION
You may be required toregister to use the Services.You agree to keep your password confidential andwill be responsible for all use of your account and password. We reserve theright to remove, reclaim, or change a username you select if we determine, inour sole discretion, that such user name is inappropriate, obscene, orotherwise objectionable.
All products are subjectto availability. We reserve the right to discontinue any products at any timefor any reason. Prices for all products are subject to change.
All content andcourses on our platform are offered for informational purposes only; this WebSite shall not be responsible or liable for the accuracy, usefulness oravailability of any information transmitted or made available via the site, andshall not be responsible or liable for any error or omissions in thatinformation.
We reserve theright to modify or discontinue the Web Site, in whole or in part, with orwithout notice to you. Information may be changed or updated without notice.Reign Labs, Inc. may also make improvement sand/or changes in the productsand/or the programs described in this information at any time without notice.We will not be liable to you or any third party should we exercise our right tomodify or discontinue the Web Site.If you object to any such changes, your solerecourse will be to cease access to the Web Site. Continued access to the WebSite following notice of any such changes will indicate your acknowledgement ofsuch changes and satisfaction with the Web Site as so modified.
6. PURCHASES AND PAYMENT
By providing ReignLabs, Inc. with a payment method, you: (i) represent that you are authorized touse the payment method that you provided and that any payment information youprovide is true and accurate; (ii) authorize the Company to charge you for anyproducts, services or available content purchased using your payment method;and (iii) authorize the Company to charge you for any paid feature of the WebSite that you choose to sign up for or use. You agree to promptly update youraccount and other information, including your email address and credit cardnumbers and expiration dates, so that we can complete your transactions andcontact you as needed in connection with your transactions. We may bill you (a)in advance;(b) at the time of purchase; (c) shortly after purchase; or (d) on arecurring basis for subscriptions. Also, we may charge you up to the amount youhave approved, and we will notify you in advance and in accordance with theterms of your subscription of any change in the amount to be charged forrecurring subscriptions. We may bill you at the same time for more than one ofyour prior billing periods for amounts that haven't previously been processed.See theAutomatic Renewal section below.
If you are takingpart in any trial-period offer, you must cancel the service by the end of thetrial period to avoid incurring new charges unless we notify you otherwise. Ifyou do not cancel the service at the end of the trial period, you authorize us tocharge your payment method for the product or service.
Sales tax will beadded to the price of purchases as deemed required by us. We may change pricesat any time. All payments shall be in US dollars.
You agree to payall charges at the prices then in effect for your purchases and any applicableshipping fees, and you authorize us to charge your chosen payment provider forany such amounts upon placing your order. We reserve the right to correct anyerrors or mistakes in pricing, even if we have already requested or receivedpayment.
We reserve theright to refuse any order placed through the Services. We may, in our solediscretion, limit or cancel quantities purchased per person, per household, orper order. These restrictions may include orders placed by or under the same customeraccount, the same payment method, and/or orders that use the same billing orshipping address. We reserve the right to limit or prohibit orders that, in oursole judgment, appear to be placed by dealers, resellers, or distributors.
7. REFUNDS POLICY
All sales arefinal and no refund will be issued.
8. PROHIBITED ACTIVITIES
You may not accessor use the Services for any purpose other than that for which we make theServices available. The Services may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved byus.
As a user of theServices, you agree not to:
· Systematically retrieve data or other content from the Services to create orcompile, directly or indirectly, a collection, compilation, database, ordirectory without written permission from us.
· Trick,defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
· Attempt to download and/or redistribute copyrighted content stored on the WebSite;
· Create derivative works of the WebSite;
· Attempt to gain access to secured portions of the Web Site to which you do notpossess access rights, or circumvent the user authentication or security of theWeb Site or any host, network, or account related thereto;
· Circumvent, disable, or otherwise interfere with security-related features ofthe Services, including features that prevent or restrict the use or copying ofany Content or enforce limitations on the use of the Services and/or the Contentcontained therein.
· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
· Use any information obtained from the Services in order to harass, abuse, orharm another person.
· Make improper use of our support services or submit false reports of abuse ormisconduct.
· Use the Services in a manner inconsistent with any applicable laws orregulations.
· Engage in unauthorized framing of or linking to the Services.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojanhorses, or other material, including excessive use of capital letters andspamming (continuous posting of repetitive text), that interferes with anyparty’s uninterrupted use and enjoyment of theServices 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 sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
· Delete the copyright or other proprietary rights notice from any Content.
· Attempt to impersonate another user or person or use the username of anotheruser.
· Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats ("gifs"),1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred toas "spyware"or "passive collection mechanisms" or"pcms").
· Interferewith, disrupt, or create an undue burden on the Services or the networks orservices connected to theServices.
· Harass, annoy, intimidate, or threaten any of our employees or agents engagedin providing any portion of theServices to you.
· Attempt to bypass any measures of the Services designed to prevent or restrictaccess to the Services, or any portion of the Services.
· Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up a partof the Services.
· Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offlinereader that accesses the Services, or use or launch any unauthorized script orother software.
· Use a buying agent or purchasing agent to make purchases on the Services.
· Make any unauthorized use of the Services, including collecting usernamesand/or email addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means or underfalse pretenses.
· Use the Services as part of any effort to compete with us or otherwise use theServices and/or the Content for any revenue-generating endeavor or commercialenterprise.
· Use the Services to advertise or offer to sell goods and services.
· Sell or otherwise transfer your profile.
9. USERGENERATED CONTRIBUTIONS
The Services mayinvite you to chat, contribute to, or participate in blogs, message boards,online forums, and other functionality, and may provide you with theopportunity to create, submit, post, display, transmit, perform, publish,distribute, or broadcast content and materials to us or on the Services,including but not limited to text, writings, video, audio, photographs,graphics, comments, suggestions, or personal information or other material(collectively,"Contributions"). Contributions may be viewable byother users of theServices and through third-party websites. As such, anyContributions you transmit may be treated as non-confidential andnon-proprietary. When you create or make available any Contributions, youthereby represent and warrant that:
· The creation, distribution, transmission, public display, or performance, andthe accessing, downloading, or copying of your Contributions do not and willnot 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 mannercontemplated by the Services and these LegalTerms.
· You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name orlikeness of each and every such identifiable individual person to enableinclusion and use of yourContributions in any manner contemplated by theServices and these Legal Terms.
· Your Contributions are not false, inaccurate, or misleading.
· Your Contributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or other formsof solicitation.
· Your Contributions are not obscene, lewd, lascivious, filthy, violent,harassing, libelous, slanderous, or otherwise objectionable (as determined byus).
· Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.
· Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specific personor class of people.
· Your Contributions do not violate any applicable law, regulation, or rule.
· Your Contributions do not violate the privacy or publicity rights of any thirdparty.
· Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.
· Your Contributions do not include any offensive comments that are connected torace, national origin, gender, sexual preference, or physical handicap.
· Your Contributions do not otherwise violate, or link to material that violates,any provision of theseLegal Terms, or any applicable law or regulation.
· Anyuse of the Services in violation of the foregoing violates these Legal Termsand may result in, among other things, termination or suspension of your rightsto use the Services.
10. CONTRIBUTION LICENSE
By posting yourContributions to any part of the Services or making Contributions accessible tothe Services by linking your account from the Services to any of your socialnetworking accounts, you automatically grant, and you represent and warrantthat 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 andvoice) for any purpose, commercial, advertising, or otherwise, and to preparederivative works of, or incorporate into other works, such Contributions, andgrant and authorize sub licenses of the foregoing. The use and distribution mayoccur in any media formats and through any media channels.
This license willapply to any form, media, or technology now known or hereafter developed, andincludes our use of your name, company name, and franchise name, as applicable,and any of the trademarks, service marks, trade names, logos, and personal andcommercial images you provide. You waive all moral rights in yourContributions, and you warrant that moral rights have not otherwise beenasserted in your Contributions.
We do not assertany ownership over yourContributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in yourContributions provided by you in any area on theServices. You are solely responsible for your Contributions to the Services andyou expressly agree to exonerate us from any and all responsibility and torefrain 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 changeany Contributions; (2) tore-categorize any Contributions to place them in moreappropriate locations on the Services; and (3) to pre-screen or delete anyContributions at any time and for any reason, without notice. We have noobligation to monitor yourContributions.
11. SOCIAL MEDIA
As part of thefunctionality of the Services, you may link your account with online accountsyou have with third-party service providers (each such account, a"Third-Party Account") by either: (1) providing your Third-PartyAccount login information through theServices; or (2) allowing us to accessyour Third-Party Account, as is permitted under the applicable terms andconditions that govern your use of each Third-Party Account. You represent andwarrant that you are entitled to disclose your Third-Party Account logininformation to us and/or grant us access to your Third-Party Account, withoutbreach by you of any of the terms and conditions that govern your use of theapplicable Third-Party Account, and without obligating us to pay any fees ormaking us subject to any usage limitations imposed by the third-party serviceprovider of the Third-PartyAccount. By granting us access to any Third-PartyAccounts, you understand that(1) we may access, make available, and store (ifapplicable) any content that you have provided to and stored in yourThird-Party Account (the "SocialNetwork Content") so that it isavailable on and through the Services via your account, including withoutlimitation any friend lists and (2) we may submit to and receive from yourThird-Party Account additional information to the extent you are notified whenyou link your account with the Third-PartyAccount. Depending on the Third-PartyAccounts you choose and subject to the privacy settings that you have set insuch Third-Party Accounts, personally identifiable information that you post toyour Third-Party Accounts may be available on and through your account on theServices. Please note that if aThird-Party Account or associated servicebecomes unavailable or our access to such Third-Party Account is terminated bythe third-party service provider, then Social Network Content may no longer beavailable on and through the Services. You will have the ability to disable theconnection between your account on the Services and your Third-Party Accountsat any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICEPROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOURAGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort toreview any Social NetworkContent for any purpose, including but not limited to,for accuracy, legality, or non-infringement, and we are not responsible for anySocial Network Content.You acknowledge and agree that we may access your emailaddress book associated with a Third-Party Account and your contacts liststored on your mobile device or tablet computer solely for purposes ofidentifying and informing you of those contacts who have also registered to usethe Services. You can deactivate the connection between the Services and yourThird-Party Account by contacting us using the contact information below orthrough your account settings (if applicable). We will attempt to delete anyinformation stored on our servers that was obtained through such Third-PartyAccount, except the username and profile picture that become associated withyour account.
12. THIRD-PARTYWEBSITES AND CONTENT
The Services maycontain (or you may be sent via the Site) links to other websites("Third-Party Websites") as well as articles, photographs, text,graphics, pictures, designs, music, sound, video, information, applications,software, and other content or items belonging to or originating from thirdparties ("Third-PartyContent"). Such Third-Party Websites andThird-Party Content are not investigated, monitored, or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird-Party Websites accessed through the Services or any Third-Party Contentposted on, available through, or installed from the Services, including thecontent, accuracy, offensiveness, opinions, reliability, privacy practices, orother policies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of anyThird-Party Websites or any Third-Party Content does not imply approval orendorsement thereof by us. If you decide to leave the Services and access theThird-Party Websites or to use or install any Third-Party Content, you do so atyour own risk, and you should be aware these Legal Terms no longer govern. Youshould review the applicable terms and policies, including privacy and datagathering practices, of any website to which you navigate from the Services orrelating to any applications you use or install from the Services. Anypurchases you make through Third-Party Websites will be through other websitesand from other companies, and we take no responsibility whatsoever in relationto such purchases which are exclusively between you and the applicable thirdparty. You agree and acknowledge that we do not endorse the products orservices offered on Third-Party Websites and you shall hold us blameless fromany 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 toyou relating to or resulting in any way from any Third-Party Content or anycontact withThird-Party Websites.
14. SERVICES MANAGEMENT
We reserve theright, but not the obligation, to: (1) monitor the Services for violations ofthese Legal Terms; (2) take appropriate legal action against anyone who, in oursole discretion, violates the law or these Legal Terms, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretionand without limitation, refuse, restrict access to, limit the availability of,or disable(to the extent technologically feasible) any of your Contributions orany portion thereof; (4) in our sole discretion and without limitation, notice,or liability, to remove from the Services or otherwise disable all files andcontent 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 ourrights and property and to facilitate the proper functioning of the Services.
Please be advised theServices are hosted in the United States. If you access the Services from anyother region of the world with laws or other requirements governing personaldata collection, use, or disclosure that differ from applicable laws in the UnitedStates, then through your continued use of the Services, you are transferringyour data to the United States, and you expressly consent to have your datatransferred to and processed in the United States.
16. TERM AND TERMINATION
These Legal Termsshall remain in full force and effect while you use the Services. WITHOUTLIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, INOUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OFTHE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANYREASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANYAPPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THESERVICES OR DELETE YOUR ACCOUNT ANDANY CONTENT OR INFORMATION THAT YOU POSTEDAT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate orsuspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name ofany third party, even if you may be acting on behalf of the third party. In additionto terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.
17.MODIFICATIONS AND INTERRUPTIONS
We reserve theright to change, modify, or remove the contents of the Services at any time orfor any reason at our sole discretion without notice. However, we have noobligation to update any information on our Services. We will not be liable toyou or any third party for any modification, price change, suspension, ordiscontinuance of the Services.
We cannot guarantee theServices 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 anytime or for any reason without notice to you. You agree that we have noliability whatsoever for any loss, damage, or inconvenience caused by yourinability to access or use the Services during any downtime or discontinuanceof theServices. Nothing in these Legal Terms will be construed to obligate usto maintain and support the Services or to supply any corrections, updates, orreleases in connection therewith.
These Legal Termsand your use of the Services are governed by and construed in accordance withthe laws of the State of Delaware applicable to agreements made and to beentirely performed within the State of Delaware, without regard to its conflictof law principles.
To expediteresolution and control the cost of any dispute, controversy, or claim relatedto 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 agreeto first attempt to negotiate anyDispute (except those Disputes expresslyprovided below) informally for at least thirty (30) days before initiatingarbitration. Such informal negotiations commence upon written notice from oneParty to the other Party.
If the Parties areunable to resolve a Dispute through informal negotiations, the Dispute (exceptthose Disputes expressly excluded below) will be finally and exclusivelyresolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitrationshall be commenced and conducted under the Commercial Arbitration Rules of the AmericanArbitration Association ("AAA") and, where appropriate, the AAA’s SupplementaryProcedures for Consumer Related Disputes ("AAA Consumer Rules"), bothof which are available at the American Arbitration Association (AAA) website.Your arbitration fees and your share of arbitrator compensation shall begoverned by the AAA Consumer Rules and, where appropriate, limited by the AAAConsumer Rules. The arbitration may be conducted in person, through thesubmission of documents, by phone, or online. The arbitrator will make adecision in writing, but need not provide a statement of reasons unlessrequested by either Party. The arbitrator must follow applicable law, and anyaward may be challenged if the arbitrator fails to do so. Except whereotherwise required by the applicable AAA rules or applicable law, thearbitration will take place in Delaware. Except as otherwise provided herein,the Parties may litigate in court to compel arbitration, stay proceedingspending arbitration, or to confirm, modify, vacate, or enter judgment on theaward entered by the arbitrator.
If for any reason,a Dispute proceeds in court rather than arbitration, the Dispute shall becommenced or prosecuted in the state and federal courts located in Delaware,and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction,and forum non convenient with respect to venue and jurisdiction in such stateand federal courts. Application of the United Nations Convention on Contractsfor the International Sale of Goods and the Uniform Computer Information TransactionAct (UCITA) are excluded from these Legal Terms.
In no event shallany Dispute brought by either Party related in any way to the Services becommenced more than one (1)years after the cause of action arose. If thisprovision is found to be illegal or unenforceable, then neither Party willelect to arbitrate any Dispute falling within that portion of this provisionfound to be illegal or unenforceable and such Dispute shall be decided by acourt of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of thatcourt.
The Parties agreethat any arbitration shall be limited to the Dispute between the Partiesindividually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding;(b) there is no right or authority for any Disputeto 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 apurported representative capacity on behalf of the general public or any otherpersons.
Exceptions toInformal Negotiations and Arbitration
The Parties agreethat the following Disputes are not subject to the above provisions concerninginformal negotiations binding arbitration: (a) any Disputes seeking to enforceor protect, or concerning the validity of, any of the intellectual propertyrights of a Party;(b) any Dispute related to, or arising from, allegations oftheft, piracy, invasion of privacy, or unauthorized use; and (c) any claim forinjunctive relief. If this provision is found to be illegal or unenforceable,then neither Party will elect to arbitrate any Dispute falling within thatportion of this provision found to be illegal or unenforceable and such Disputeshall be decided by a court of competent jurisdiction within the courts listedfor jurisdiction above, and the Parties agree to submit to the personaljurisdiction of that court.
There may beinformation on the Services that contains typographical errors, inaccuracies,or omissions, including descriptions, pricing, availability, and various otherinformation. We reserve the right to correct any errors, inaccuracies, or omissionsand to change or update the information on the Services at any time, withoutprior notice.
THE SERVICES AREPROVIDED ON AN AS-IS ANDAS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THESERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEDISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICESAND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WEMAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKEDTO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)ERRORS, MISTAKES,OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURYOR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURESERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN,(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THESERVICES, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANYERRORS OR OMISSIONS INANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIATHE SERVICES. WE DO NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITEOR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILLNOT BE A PARTY TO ORIN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONBETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THEPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOUSHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OFLIABILITY
IN NO EVENT WILLWE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTYFOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, ORPUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHERDAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLYAGREE THAT USE OF THE WEB SITEIS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDEDBY THE COMPANY ON AN "ASIS" BASIS ONLY. THE COMPANY PROVIDES NOREPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIEDWARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTYTHAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE WEB SITE WILL BEUNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEB SITEWILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BEOBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY OR RELIABILITYOFANY INFORMATION OBTAINED THROUGH THE WEB SITE. NO ADVICE OR INFORMATIONOBTAINED BY YOU THROUGH THE WEB SITE FROM US, OUR PARENTS, SUBSIDIARIES, OROTHER AFFILIATED COMPANIES OR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS,EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY,REPRESENTATION OR GUARANTEE.
WE MAKE NO, AND DISCLAIMANY AND ALL, PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS ORIMPLIED, WITH RESPECT TO THE CONTENT UPLOADED BY YOU, OR AT YOUR REQUEST, TOTHE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIETENJOYMENT, AND/ORDATA ACCURACY.
NOTWITHSTANDING ANYTHINGTO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVERAND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THEAMOUNT PAID, IFANY, BY YOU TO US DURING THE TWO (2) MONTH PERIOD PRIOR TO ANYCAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOTALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.
You agree todefend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, andemployees, from and against any loss, damage, liability, claim, or demand,including reasonable attorneys’ fees and expenses, made by any third party dueto or arising out of: (1) your Contributions; (2)use of the Services; (3)breach of these Legal Terms; (4) any breach of your representations andwarranties set forth in these Legal Terms; (5) your violation of the rights ofa 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 youconnected via the Services. Notwithstanding the foregoing, we reserve the right,at your expense, to assume the exclusive defense and control of any matter forwhich you are required to indemnify us, and you agree to cooperate, at yourexpense, with our defense of such claims. We will use reasonable efforts tonotify you of any such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.
24. USER DATA
We will maintain certaindata that you transmit to the Services for the purpose of managing theperformance of the Services and sharing with Section (sectionschool.com) asnecessary to provide the Services and related communication. Although weperform regular routine backups of data, you are solely responsible for alldata that you transmit or that relates to any activity you have undertakenusing the Services, including any personal information or email addresses youprovide. You agree that we shall have no liability to you for any loss orcorruption of any such data, including any shared email addresses, and youhereby waive any right of action against us arising from any such loss orcorruption of such data.
25. ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES
Visiting theServices, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provideto you electronically, via email and on the Services, satisfy any legalrequirement that such communication be in writing. YOU HEREBY AGREE TO THE USEOF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TOELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATEDOR COMPLETED BY US ORVIA THE SERVICES. You hereby waive any rights orrequirements under any statutes, regulations, rules, ordinances, or other lawsin any jurisdiction which require an original signature or delivery orretention of non-electronic records, or to payments or the granting of creditsby any means other than electronic means.
26. CALIFORNIAUSERS AND RESIDENTS
If any complaintwith us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the CaliforniaDepartment of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.
These Legal Termsand any policies or operating rules posted by us on the Services or in respectto the Services constitute the entire agreement and understanding between youand us. Our failure to exercise or enforce any right or provision of theseLegal Terms shall not operate as a waiver of such right or provision. TheseLegal Terms operate to the fullest extent permissible by law. We may assign anyor all of our rights and obligations to others at any time. We shall not beresponsible or liable for any loss, damage, delay, or failure to act caused byany cause beyond our reasonable control. If any provision or part of aprovision of these Legal Terms is determined to be unlawful, void, orunenforceable, that provision or part of the provision is deemed severable fromthese Legal Terms and does not affect the validity and enforceability of anyremaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Legal Termsor use of the Services. You agree that these Legal Terms will not be construedagainst us by virtue of having drafted them. You hereby waive any and all defensesyou may have based on the electronic form of these Legal Terms and the lack ofsigning by the parties hereto to execute these Legal Terms.
28. CONTACT US
In order toresolve a complaint regarding the Services or to receive further informationregarding use of the Services, please contact us at:
Reign Labs, Inc.