Terms of Service

Introduction

These Terms of Service ("Terms", "Terms of Service") govern your use of our web pages located at https://tripsitter.io, any mobile application of Tripsitter, application programming interfaces, content, products, social media exchanges, and other services operated by Tripsitter as well as Tripsitter services offered through third parties integrating Tripsitter functionality (together or individually "Service", "our Service", "Services"). Tripsitter ("Tripsitter.io","Company", "we", "our", "us") provides the Service. "You" refers to you as a user of the Service.

The Service includes as marketplace technology platform that enables third-party users ("Users") and third-party trip sitting service providers ("Trip Sitters", "sitters") to connect with each other. Tripsitter has no control over the conduct of Trip Sitters or any other users of the Service. YOU ACKNOWLEDGE AND AGREE THAT TRIPSITTER IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE TRIP SITTING SERVICES.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our service. Please read at our privacy policy page.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

These Terms apply to all visitors, users, and others who wish to access or use Service. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. Please let us know by why not by sending us a message at our contact us page so we can try to find a solution.

  1. Acceptance of these Terms

    By agreeing to these Terms, and/or by using or accessing our Service (including without an account), you expressly acknowledge that you understand and accept all of the terms including the those below. BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICE.

  2. Tripsitter as a Marketplace Technology Platform

    The Services include a marketplace technology platform that connects Trip Sitters with Users. We do not provide any trip sitting services and make no representations or warranties about the quality of trip sitting, sober sitting, guiding, overseeing, co-piloting, or other services provided by Trip Sitters, or about your interactions and dealings with Trip Sitters or other Users.

    Tripsitter does not employ, recommend, or endorse Users or Trip Sitters, and we are not responsible or liable for the performance or conduct of Users or Trip Sitters, whether online or offline. Tripsitter does not procure insurance for Users or Trip Sitters, nor is Tripsitter responsible for the health or wellbeing of Users or Trip Sitters.

    You expressly agree and acknowledge that Tripsitter (i) is a technology platform; (ii) is not a retailer, cultivator, or brand of mind-altering substances; (iii) does not itself, delivery of mind-altering substances or process payments for mind-altering substances; and (iv) does not itself cultivate, manufacture, package, label, test, or sell mind-altering substances.

  3. Disclaimers and Acknowledgments

    Acknowledgment of U.S. Federal Law Tripsitter operates under applicable U.S. state laws. You expressly acknowledge and understand that mind-altering substances are listed on Schedule I of the United States Controlled Substances Act. Under U.S. federal laws, manufacturing, distributing, dispensing, or possession of mind-altering substances are illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding mind-altering substances. You also acknowledge and understand that the interstate transportation of mind-altering substances is a federal offense.

    Acknowledgment of State Law You expressly acknowledge, understand, and agree that the use, possession, cultivation, manufacturing, transportation, and distribution of mind-altering substances may be illegal in your state of residence and in the state you are located, unless all participants are acting completely within the scope of the state’s applicable laws.

    Acknowledgment of the Laws of Your Location Service may be accessed from various locations, you must abide by and follow the applicable laws of the state, city, county, municipality, province, or jurisdiction in which you are located in order to use of Services. You expressly acknowledge, understand, and agree to assume full responsibility for cooperating with the laws of your place of location while using the Websites and/or Services.

    Health Information You expressly acknowledge, understand, and agree that any statements relating to mind-altering substances goods, accessories, or any other products mentioned on our Service has not been evaluated by the U.S. Food and Drug Administration (FDA). Neither the substances nor the ingredients in any of the substances have been approved or endorsed by the FDA or any other regulatory agency. The substances mentioned on our Service are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care.

  4. Purchases

    If you wish to purchase any product or service made available through our Service ("Purchase"), you may be asked to send a cryptocurrency transaction to specific address, or supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

    You represent and warrant that: (i) you have the legal right to use any cryptocurrency used with any Purchase; (ii) you have the legal right to use any credit card(s) or other payment methods in connection with any Purchase; and that (iii) the information you supply to us is true, correct, and complete.

    We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

    We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

    We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

  5. Payment Terms for Users

    As a User, you understand that use of our Service may result in you owing fees to the Trip Sitter for the services you receive from such Trip Sitter. Tripsitter will facilitate your payment of the applicable charges on behalf of the Trip Sitter through third-party payment processors. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Trip Sitter. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable regardless of your decision to terminate usage of Service. Tripsitter's decision to terminate your usage, any disruption of the Service, or any other reason whatsoever, unless otherwise determined by Tripsitter.

    All charges are due immediately and Tripsitter, or a third-party payment processor, will process your payment on the Trip Sitter's behalf using the primary payment method designated by you. If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Tripsitter may, as the Trip Sitter's limited payment collection agent, use a secondary payment method, if available.

    Users and Trip Sitters transact with each other on the Tripsitter marketplace technology platform when they both agree to a "sitting" that specifies the fees, time period, cancellation policy, and other terms for the provision of services via the sitting room provided on the Tripsitter marketplace technology platform or Tripsitter social media exchanges. You may choose to transact with certain Trip Sitters from time to time based on a variety of factors in your discretion, such as your desired price range, a Trip Sitter's service price rate, a Trip Sitter's profile, and a Trip Sitter's star ratings and reviews. Once you request a Trip Sitter, you agree to pay the Trip Sitter the agreed-to price and honor the other terms of such sitting. You may elect to cancel your request for services from a Trip Sitter at any time prior to such Trip Sitter's arrival, in which case you may be subject to a cancellation fee.

    The fees owed to Trip Sitters are not inclusive of tips or gratuity for the Trip Sitter. While you are free to provide gratuity to any Trip Sitter who provides you with sitting services obtained through the Service, you are under no obligation to do so.

    In addition to the above fees, you understand and acknowledge that you may incur ancillary charges in connection with your receipt of sitting services from Trip Sitters ("Charges"). Such Charges may include some combination of the following: (1) cancellation fee, (2) service, booking, or platform usage fee, (3) trust and safety fee, (4) surcharges, (5) convenience fee, and (6) other fees. A description of any Charges will be available at our Service and can be requested at our contact us page. You have absolute discretion to request or not request services from a Trip Sitter if the total applicable fee or charge is not acceptable to you.

    You acknowledge and agree that Tripsitter may limit or temporarily or permanently suspend your use of or access to Service if: (1) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a payment method, (2) any amounts you owe for services are overdue or in default, or (3) Tripsitter believes in good faith that such action is reasonably necessary to protect the personal safety or property of Tripsitter, other Users, any third-party payment processor or third parties, or to prevent fraud or other illegal activity.

  6. Payment Authorization

    Upon addition of a new payment method or each service request, Tripsitter may seek the authorization of your selected payment method to verify the payment method, ensure the service charges will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank's next processing cycle. Should the amount of the authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your credit, debit, or prepaid card. Tripsitter cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

    Tripsitter reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

  7. Contests, Sweepstakes, and Promotions

    From time to time, Tripsitter may, in its sole discretion, make available certain offers, credits, rewards, subscriptions, or referral links or codes to Users (the "Promotions"). Such Promotions will be provided to Users via the Services, by email, or otherwise made available electronically by Tripsitter. Such Promotions are only valid for redemption through the Services and are not transferable or redeemable for cash except as required by law. Each Promotion is a limited time offer and is valid only for the time and purpose and under the terms and conditions specified therein, which may include eligibility, time, and location requirements. Tripsitter, at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers, or deals to any users or groups of users determined solely by Tripsitter. These Promotions, unless made to you, shall have no bearing whatsoever on your use of the Services or any Promotions offered to you. Tripsitter reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions that were made in error or obtained through fraud or suspected illegal behavior, or where the User was found to be in violation of the terms of such Promotion, these Terms, or the Additional Terms. Promotions may be modified, disabled, or withdrawn by Tripsitter at any time for any reason or no reason without liability to Tripsitter.

  8. Fee Changes

    Tripsitter, in its sole discretion and at any time, may modify fees for operating Service. Any fee change will become effective immediately.

    Your continued use of our Service after fee change comes into effect constitutes your agreement to pay the fee amount.

  9. Refunds

    Except when required by law, paid fees are non-refundable.

  10. User Obligations

    As a User of Service, you hereby represent, covenant, and warrant to Tripsitter and each Trip Sitter who provides you with services that:

    (a) You have divulged any material information about your health, including pre-existing medical conditions and other behavioral issues that may be relevant to or impact a Trip Sitter's ability to provide the services.

    (b) You will have taken adequate measures to ensure your health and safety during the providing of services.

    (c) You will comply with all laws and ordinances applicable to your activities conducted through the services.

    (d) You are not engaging in any activity that would be considered illegal or criminal based on your jurisdiction.

    (e) The activity for which you are seeking service is not dangerous or otherwise likely to injure or cause harm to yourself or others.

    You acknowledge and agree that if you allow another person to access your account associated with Service, or if you request a Trip Sitter for anybody except yourself that is not yourself, in each case in violation of these Terms, you and such other person will be jointly and severally liable for all acts and omissions in connection with engaging Service, including all costs incurred or associated with such engagement.

    You are fully responsible for the actions of your activity while using Service. You understand, acknowledge and agree that, as between you and Tripsitter, you shall be liable for any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys' fees and legal costs) of any kind or nature, arising from or relating to, the behavior of yourself, including without limitation, claims by third parties (including Trip Sitters) for damage, loss, or injuries resulting from bites or attacks on such third parties by yourself. Incidents, injury, damage, or loss caused by your you may be governed by applicable state liability laws. Tripsitter will cooperate with appropriate law enforcement authorities to provide requested information regarding the situation. If you elect to use a Trip Sitter through the Services, you shall carry applicable liability insurance sufficient for the services you request, the risks associated with such services, and as mandated by law. Be sure to review Agreements and address any questions regarding appropriate liability coverage with your insurance carrier and/or legal representatives prior to utilizing a Trip Sitter through the Service.

    You understand and agree that any Trip Sitter from whom you may seek or obtain services via the Services is an independent contractor, and not a partner, joint venturer, agent, legal representative, employer, worker, or employee of Tripsitter. Trip Sitters have no ability or authority to represent Tripsitter or otherwise make statements or commitments on Tripsitter's behalf.

    Trip Sitters have the sole and absolute discretion to reject or refuse any services that you may request, including if they violate any law or regulation, are dangerous or unsafe, or otherwise violate these Terms or the Additional Terms.

    As a User, you acknowledge that Tripsitter is in the business of connecting Users and Trip Sitters, and that said business is how Tripsitter earns its income. As a result, you agree that if you solicit a Trip Sitter to provide off-platform sitting services whom you first met and/or learned about through the Tripsitter platform, Tripsitter is entitled to charge both the User and the Trip Sitter a referral fee. This referral fee will be charged once per specific User/Trip Sitter service relationship utilized outside of the process provided for within the Tripsitter platform. You will first be notified in writing of your obligation to pay the referral fee. Thereafter, you hereby authorize Tripsitter to charge any of your payment methods for the referral fee.

  11. Indemnification

    You indemnify Tripsitter, and its operators (any owner, operator, or associate of this Service, including but not limited to the administrators, moderators, technical contacts, and officers; henceforth to be referred to simply as "operators") take no responsibility or liability for anything that happens as a result of you using our Service.

  12. Content

    Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (" Content"). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

    By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through our Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

    You retain any and all of your rights to any Content you submit, post, or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using our Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

    Tripsitter has the right but not the obligation to monitor and edit all Content provided by users.

    In addition, Content found on or through our Service are the property of Tripsitter or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

  13. Prohibited Uses

    You may use our Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

    (a) In any way that violates any applicable state, national, or international law or regulation.

    (b) To exploit, harm, or attempt to exploit or harm other users in any way by exposing them to inappropriate content or otherwise.

    (c) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.

    (d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

    (e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

    (f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

    (g) Attempt to solicit or obtain contraband substances or substances of a quasi-legal status or information on how to do so (please see our guidelines on sourcing below).

    (h) Exchange any information on ongoing or future criminal activity, any information which can be construed as discussing such activity or actively encouraging others to engage in criminal activities.

    (i) Exchange any information that is libelous, deceptive, fraudulent, tortious, or inaccurate.

    Additionally, you agree not to:

    (a) Use our Service in any manner that could disable, overburden, damage, or impair our Service or interfere with any other party's use of Service, including their ability to engage in real-time activities through Service.

    (b) Use any robot, spider, or other automatic devices, process, or means to access our Service for any purpose, including monitoring or copying any of the material on Service.

    (c) Use any manual process to monitor or copy any of the material on our Service or for any other unauthorized purpose without our prior written consent.

    (d) Use any device, software, or routine that interferes with the proper working of Service.

    (e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

    (f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which our Service is stored, or any server, computer, or database connected to Service.

    (g) Attack our Service via a denial-of-service attack or a distributed denial-of-service attack.

    (h) Take any action that may damage or falsify the Company rating.

    (i) Otherwise attempt to interfere with the proper working of Service.

    The use of our Service for any purpose that is unlawful, or in any manner which could impair the operation of this site or any other party's use or enjoyment of this service, is strictly prohibited.

  14. Age Requirement

    Our Service is intended only for access and use by individuals at least twenty-one (21) years old. By accessing or using Service, you warrant and represent that you are at least twenty-one (21) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least twenty-one (21) years old, you are prohibited from both the access and usage of Service.

  15. Accounts

    When you have an account associated with our Service, you guarantee that you are above the age of 21 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Service.

    You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

    We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

  16. Intellectual Property

    Our Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Tripsitter and its licensors. Our Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tripsitter.

  17. Copyright Policy

    We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on our Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

    If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email at our contact us page, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

    You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through our Service on your copyright.

  18. DMCA Notice and Procedure for Copyright Infringement Claims

    You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

    (b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

    (c) identification of the URL or other specific location on our Service where the material that you claim is infringing is located;

    (d) your address, telephone number, and email address;

    (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    You can contact our Copyright Agent via email at contact us page.

  19. Error Reporting and Feedback

    You may provide us with information directly at our contact us page with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other rights, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

  20. Links To Other Web Sites

    Our Service may contain links to third-party websites or services that are not owned or controlled by Tripsitter.

    Tripsitter has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

    YOU ACKNOWLEDGE AND AGREE THAT TRIPSITTER SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

    WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

  21. Disclaimer Of Warranty

    THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

    NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  22. Disclaimer Of Liability

    You agree to hold responsible yourself, and no other, for the consequences of your actions while using our Service.

    Neither Tripsitter nor its operators assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, document, link, product, or post disclosed within this website.

    Reference herein to any specific process offered by this service does not necessarily constitute or imply its endorsement, recommendation, or favoring by Tripsitter or its operators.

  23. Limitation Of Liability

    EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  24. Termination

    We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

    If you wish to terminate your account, you may simply discontinue using Service.

    All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  25. Governing Law

    These Terms shall be governed and construed in accordance with the laws of the State of Oregon without regard to its conflict of law provisions.

    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

  26. Communications

    By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by visiting the contact us

  27. Changes To Service

    We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  28. Amendments To Terms

    We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

    Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

    By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

  29. Waiver And Severability

    No waiver by Company of any term or condition outlined in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

    If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

  30. Acknowledgment

    BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

  31. Contact Us

    Please send your feedback, comments, questions, concerns, and requests for technical support by visiting our contact page.