THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR ACCESSAND/OR USE OF DEFIndor, inc SYSTEM AND SERVICES! PLEASE SCROLL DOWN!
You expressly indicate your consent to receiveelectronically all communications, agreements, documents, notices anddisclosures (collectively, “Notices”) that we provide in connection with yourUser Account and your use of the Services. Notices may include, withoutlimitation, email, in-app messages and in-website chat communications. Inaddition, Notices may be emails with promotional, marketing, and advertisinginformation and recommendations that we believe may be of interest to you. Ifyou do not wish to receive commercial emails, you may unsubscribe following theinstructions on any email. By providing your phone number, you expresslyconsent to receive phone calls, faxes, and text messages relating to theServices. If you do not wish to receive phone calls, faxes, or text messages,you may opt-out by saying or replying “STOP.”
User Accounts and User Registration
While any Visitor can view the Site, in order to use theSite and take part in the Online Services, you must select a loginidentification (“User ID”) and a user password (“User Password”) that is uniqueand entirely different from your User ID (collectively, a “User Account”). Youagree that you will never divulge or share access or access information to yourUser Account with any third party for any reason. If you do not qualify, youmay not attend the Online Services.
In setting up your User Account, you may be prompted toenter additional information, including but not limited to your name and emailaddress. Additional information may be needed to confirm your identity. Youunderstand and agree that all information provided by you is accurate, currentand complete and that you will maintain and update your information to keep itaccurate, current and complete. You acknowledge that if any informationprovided by you is untrue, inaccurate, not current or incomplete, we reservethe right to terminate your use of the Services and your enrollment in theOnline services, to the extent applicable.
Defindor,inc reserve the right to alter, modify or rearrangethe content of our Online Services.
Clients are not entitled for any refund policy. Client mustsimply cancel the contract from the Apple membership rea and they would bestopping the automatic billing that was approved by Them.
User Conduct Policy
In addition, you may not post, upload, or transmit to orotherwise make available through the Site any content, communications, or otherinformation (collectively, “Unauthorized Content”): that is obscene,fraudulent, indecent, or libelous or that defames, abuses, harasses,discriminates against or threatens others; that is trade libelous, unlawfullythreatening, unlawfully harassing, impersonate or intimidate any person(including our staff or other Users), or falsely state or otherwisemisrepresent your affiliation with any person, through for example, the use ofsimilar email address, nicknames, or creation of false account(s) or any othermethod or device; that interferes with a User’s business or services; thattakes any action that may undermine online reviews or feedback; that containsany viruses, Trojan horses, worms, time bombs, cancelbots, or other disablingdevices or other harmful components intended to or that may damage,detrimentally interfere with, surreptitiously intercept, or expropriate anysystem, data, or personal information; that you do not have the right todisclose or make available under any law or under contractual or fiduciaryrelationships (such as insider information, or proprietary and confidentialinformation learned or disclosed as part of employment relationships or undernondisclosure agreements); that consists of any high volume, automated, orelectronic means to access the Site (including without limitation robots,spiders or scripts); that infringes the copyright, patent, trademark, tradesecret, right of publicity, or other intellectual property or proprietary rightof any third party; that violates the rights of other Users of the Site; orthat violates any applicable local, state, national or international law orotherwise advocates or encourages any illegal activity.
Intellectual Property Rights
All content or other material available on the Site orthrough the Online Services, including but not limited to on-line services(collectively, the “Content”), are the property of Defindor,inc and/or itsaffiliates or licensors and are protected by copyright, patent and/or otherproprietary intellectual property rights under United States and internationallaw.
Defindor,inc logos, trademarks and service marks which mayappear on the Site (“Marks”), are the property of Defindor,inc and areprotected under United States and international law. All other trademarks,service marks and logos used on the Services, with or without attribution, arethe trademarks, service marks or logos of their respective owners. In addition,elements of the Site are protected by trade dress and other federal and stateintellectual property laws and may not be copied, reproduced, downloaded ordistributed in any way in whole or in part without the express written consentof Defindor,inc.
Except as otherwise expressly permitted in these Terms ofUse, you may not copy, sell, resell, display, reproduce, publish, modify,create derivative works from, transfer, distribute or otherwise commerciallyexploit in any manner the Services or any Content. You may notreverse-engineer, decompile, disassemble or otherwise access the source codefor any software that may be used to operate the Services. From time to time,Defindor,inc may use software, code, instructions, or other such information inthe Content or materials for the Services; any such information is provided onan “as-is” basis for instructional purposes only and is subject to theDisclaimer of Warranties and Limitation of Liabilities sections below and otherterms herein. Any use of such information for commercial purposes is strictlyprohibited. Defindor,inc and/or its affiliates and licensors reserve all rightsnot expressly granted herein to the Services, Content, and Marks.
License to Use the Site/app and Online Services
The Online Services, Site, and Services may provide you withthe ability to upload forum posts, chat with other Users, contribute to Userdiscussions, profile pages, and other content and media for social interaction,prepare written, photographic, and/or video testimonials and/or comments, orcreate certain information and materials for use with the Site or OnlineServices, e.g., questions, hypotheticals, examples, etc. (collectively, “UserContent”). Subject to the license granted to Defindor,inc below, User will bethe sole and exclusive owner of any and all rights, title and interest in andto the User Content. You hereby assign to Defindor,inc, your entire right,title and interest (including, without limitation, all patent rights, designrights, copyrights and trade secrets) in any feedback, test results, ormodifications or improvements to Defindor,inc Content or Services which you maypropose or make or which User and Defindor,inc may jointly make. To the extentsuch rights cannot be assigned, you hereby waive such rights to Defindor,inc,its affiliates, and its customers and business partners.
With respect to any User Content, including without limitationany testimonials relating to Defindor,inc, the Site, or Online Services, youhereby grant Defindor,inc an irrevocable, worldwide, perpetual, royalty-free,sublicensable, and non-exclusive license to use, distribute, reproduce, modify,adapt, publicly perform and publicly display such User Content on the Site andApp, in the Online Services, and through any medium now existing or laterdevised, or to otherwise exploit the User Content, with the right to sublicensesuch rights (to multiple tiers), for any purpose, including without limitationfor any commercial, advertising, and/or publicity purpose(s). You further agreethat Defindor,inc may publish or otherwise disclose your personal informationin connection with the exercise of the license granted under this section. Youagree to waive, and waive, any claims arising from or relating to the exerciseby Defindor,in cof the rights granted under this section, including withoutlimitation any claims relating to your rights of personal privacy and publicity.You will not be compensated for any exercise of the license granted under thissection. Defindor,inc is and shall be under no obligation (1) to maintain anyUser Content in confidence; (2) to pay compensation for any User Content; or(3) to respond to any User Content.
Defindor,inc reserves the right to remove any User Contentat any time and for any reason. To the extent that you provide any UserContent, you represent and warrant that (a) you have all necessary rights,licenses and/or clearances to provide such User Content and permitDefindor,incto use such User Content as provided above, (b) such User Contentis accurate and reasonably complete, (c) as between you and Defindor,inc, youshall be responsible for the payment of any third party fees related to theprovision and use of such User Content, and (d) such User Content does not andwill not infringe or misappropriate any third party rights or constitute afraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agreeto comply with all applicable local rules including but not limited to rulesregarding online conduct and acceptable content. Specifically, you agree tocomply with all applicable laws regarding the transmission of technical data exportedfrom the United States or the country in which you reside.
Use of Communication Tools and Related Services
You acknowledge and agree that Defindor,inc Services, including paid services and products, may not be available at all times, andthat certain usage limits may apply (for instance, for Site maintenance). You also understand that Defindor,inc, at its sole discretion, may limit, suspend, or terminate your use of all Defindor,inc-provided Services related to Defindor,inc's Services and may modify or discontinue all Services related to its programs at its sole discretion.
You expressly acknowledge and agree that your use of theSite and app , the Online Services and all Content and Services available onthe Site and app is at your sole risk and responsibility. THE ONLINE SERVICES(INCLUDING ANY CONTENT), SITE, AND SERVICES ARE PROVIDED “AS IS” AND “ASAVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS,IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION(A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANYCOURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A)THE SITE, CONTENT, OR THE ONLINE SERVICES WILL MEET YOUR MENTS OR EXPECTATIONSOR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE ONLINE SERVICES WILL NOTEXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,(C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE ONLINESERVICES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT,ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THESITE OR APP FUNCTIONALITY OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OFINJURY, INCLUDING DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USEOF THE ONLINE SERVICES AND CONTENT.
Limitation of Liability and Consequential Damages Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALLLIABILITY OF Defindor,inc, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIROFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERSCOLLECTIVELY FOR CLAIMS ARISING UNDER THIS AGREEMENT OR OTHERWISE HOWSOEVERARISING SHALL BE LIMITED TO THE GREATER OF (I) THE MONEY PAID TO Defindor,incFOR SERVICES UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THEEVENT OR CIRCUMSTANCES FIRST GIVING RISE TO SUCH LIABILITY OR (II) TEN DOLLARS($10) THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E.,THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
IN NO EVENT SHALL Defindor,inc, ITS SUBSIDIARIES ANDAFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,ASSIGNEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECTOR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITYBASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASEDON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANYTYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDINGNEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITYTHEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSEOR OTHERWISE.
Binding Arbitration and No Class Actions
Any arbitration shall be limited to each claim individually. You and Defindor,inc agree that each may only bring claims against the other in your on corporate capacity and not as a plaintiff or class member in any purported class or representative proceeding. You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
This agreement to arbitrate will not preclude you or Defindor,inc from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Further more, this agreement to arbitrate will not preclude you or Defindor,inc from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, including to protect intellectual and proprietary rights. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the state of Florida. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Miami, Florida. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts.
Termination of Rights
Dispute Procedure and Claims of Copyright Infringement
If you believe that your product or other work has beenmisrepresented or used in a way that constitutes copyright infringement, oryour intellectual property rights have been otherwise violated, please provideDefindor,inc Copyright Agent with the following information:
- an electronic or physical signature of the personauthorized to act on behalf of the owner of the product, copyright or otherintellectual property interest;
- a description of the product, work or other intellectualproperty that you claim has been misrepresented or infringed;
- a description of where the material that you claim ismisrepresenting or infringing your product, work or other intellectual propertyis located on the Online Services;- your address, telephone number, and email address;
- a statement by you that you have a good faith belief thatthe disputed use is not authorized by the owner of the product, work, copyrightor intellectual property, or its agent, or applicable law; and a statement byyou, made under penalty of perjury, that the above information in your noticeis accurate and that you are the product, work, copyright or intellectualproperty owner or authorized to act on such owner’s behalf.
- Defindor,inc Copyright Agent for notices of disputes orclaims of copyright or other intellectual property infringement can be reachedas follows:
- Copyright Agent: Defindor,inc, Inc.Email: firstname.lastname@example.org.
Enforcement; Non-waiver; Non-assignment
Please note that the section titles herein are displayed for convenience only and have no legal effect.