Terms and Conditions
Updated 8 November 2023
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BINDING EFFECT
This agreement (âAgreementâ) is a binding agreement between you (âyouâ) and Innovation Embassy DK, a private limited company, (âInnovation Embassy DK,ââCompany,â âweâ or âusâ). By using the site at innovationembassy.com (the âSiteâ) or any information, materials, images, graphics, data, text, fi les, links, software,messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, HTML, XML, Java code and other content related to theSite (collectively âContentâ) or services provided in connection with the Site (the âServiceâ), you agree to abide by these Terms of Use, as the Company may amend themfrom time to time in its sole discretion. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARELEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Notwithstanding anything else in this Agreement, the Company will not accept your entering into this Agreement, or purchasing or using the Site, the Content or theService, if you are a resident of any of the following states: [Locations].
REFUND POLICY / CANCELLATION
[Company Name] is committed to providing each customer with exceptional service. We want you to feel comfortable about transacting business with us. Due to thenature of our business and the accessibility of our products immediately upon purchase, there is a generous [X] days full refund policy, which begins on the date ofpurchase with most of our products with the exception of [Product Name] as well as any special/limited discount for all products which have a [X] refund policy.However, you can cancel your subscription at any time from any future billing.
For our subscription products such as Mega Star Products we will abide by the Consumer rights procedure of the DK, which entitle the consumer to a 14 day cooling offperiod, however this right is waived as soon as the product or service purchased has been accessed, streamed or downloaded.
For our Live events, the 30 day refund policy applies as long as notice is given at least 30 days prior to the event. Sadly this means that tickets purchased within 30 daysof the event cannot be refunded.
If you are not completely satisfi ed with the product you have paid for, you may contact [support@innovationembassy.com] within 30 days of the purchase and we willlook into your request.
PRIVACY POLICY
Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Companyâs current privacy policy (theâPrivacy Policyâ) can be found clicking here. Companyâs Privacy Policy is expressly incorporated into this Agreement by this reference. When you are required to submitinformation to use or access the Site, Content or Service, you must complete the registration process by providing the information requested on the form. You agree tothe terms in Companyâs Privacy Policy regarding the use of the information you submit.
MONTHLY SUBSCRIPTION / AUTOSHIP
Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Companyâs current privacy policy (theâPrivacy Policyâ) can be found clicking here. Companyâs Privacy Policy is expressly incorporated into this Agreement by this reference. When you are required to submitinformation to use or access the Site, Content or Service, you must complete the registration process by providing the information requested on the form. You agree tothe terms in Companyâs Privacy Policy regarding the use of the information you submit.
If you purchase our products or services that are subscription based (see list below), you agree to pay, and authorize automatic recurring billing of the subscription feewith your credit card, or other payment methods, until subsequently canceled by you. Your account will be charged every 30 days. You understand and agree that eachautomatic recurring billing of the subscription fee is non-refundable and will not be prorated as the service is deemed used when accessed. You authorize Company toinitiate debit entries from the account provided for the subscription fee, as well as any other purchases made on the Site. You may cancel at any time by contactingCustomer Support at support@innovationembassy.com.
LICENSE
Company owns or licenses all intellectual property and other rights, title, and interest in and to the Site, Content and Service, and the materials accessible on the Siteand Service, except as expressly provided for in the Agreement, including without limitation the trademarks, copyrights and certain technology used in making the Site,its Content and Service available. Except as specifi cally allowed in this Agreement, the copying, redistribution, use or publication by you of any Content or Service isstrictly prohibited. We grant you a limited revocable license to access and use the Site, Content and our Service for its intended purposes, subject to your compliancewith this Agreement, and if you are an affi liate of Company, your Affi liate Agreement and Company Policies and Procedures. The revocable license does not include theright to collect or use information contained on the Site or through the Service for purposes that Company prohibits or to compete with Company.
You acquire no ownership or other interest in, or other license to, any patent, copyright, trademark, trade secret or other intellectual property right or to the Content.You acquire no rights or licenses in or to any trademarks, service marks, trade names or copyrights displayed on the Site. You may not reproduce, republish, distribute,assign, sublicense, retransmit, sell, or prepare derivative works of the Site or Content, or resell or make our Service available to others. All rights in and to the Site,Service and our Content not expressly granted in this Agreement remain in us or in our licensors.
You acquire no ownership or other interest in, or other license to, any patent, copyright, trademark, trade secret or other intellectual property right or to the Content.You acquire no rights or licenses in or to any trademarks, service marks, trade names or copyrights displayed on the Site. You may not reproduce, republish, distribute,assign, sublicense, retransmit, sell, or prepare derivative works of the Site or Content, or resell or make our Service available to others. All rights in and to the Site,Service and our Content not expressly granted in this Agreement remain in us or in our licensors.
If you use the Site or our Service in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately.
CONFIDENTIALITY
For the purposes of this Agreement, âConfi dential Informationâ shall be deemed to include all the information and materials about the Company, the Site or the Servicethat: (i) if in written format is marked as confi dential, or (ii) if disclosed verbally is noted as confi dential at time of disclosure or (iii) in the absence of either (i) or (ii) isinformation which a reasonable party would deem to be non-public information and confi dential, including, without limitation, all information provided on or throughthe Site or Service, trade secrets, inventions, research methods and projects, methods of compiling information, methods of creating database, data processingprograms, software, computer models, source and object codes, product formulations, strategies and plans for future business, product and service development andideas, potential acquisitions or divestitures, marketing ideas, fi nancial information including with respect to costs, commissions, fees, profi ts and sales, mailing lists,information concerning our affi liates and customers, potential affi liates and customers and suppliers, and employee information including their respective salaries,bonuses, benefi ts, qualifi cations, abilities and contact information.
1.
USE OF THE SITE, CONTENT AND SERVICE
1.
USER CONTENT
1.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
You acknowledge and agree that the nature of the Confi dential Information to which you have, and will continue to have, access derives value from the fact that it is notgenerally known and used by others in the highly competitive, international industry in which Company engages and operates.
You acknowledge that you are receiving the Confi dential Information in confi dence, and you will not publish, copy or disclose any Confi dential Information withoutprior written consent from Company. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to our software orany other software supplied hereunder. You acknowledge that you will only use the Confi dential Information to the extent necessary to use the Service and promoteyour business in accordance with your agreements with Company, and that you will use best efforts to prevent unauthorized disclosure of the Confi dential Informationto any third party.
You agree not to alone or in association with others use the Confi dential Information to (i) solicit, or facilitate any organization with which you are associated insoliciting, any employee, affi liate or customer of ours to alter his, her or its relationship with us; (ii) solicit for employment, hire, or engage as an independent contractor,or facilitate any organization with which you are associated in soliciting for employment, hire, or engagement as an independent contractor, any person who wasemployed by or under contract with us at any time during the term of this Agreement (provided, that this clause (ii) shall not apply to any individual whose employmentor contractual relationship with us was terminated for a period of one year or longer); or (iii) solicit business from or perform services for any customer, supplier,licensee, or business relation of ours; induce or attempt to induce, any such person or entity to cease doing business with us; or in any way interfere with therelationship between any such person or entity and us.
Other than as expressly provided for herein, you do not acquire any right or interest, by license or otherwise, in or to the Confi dential Information.
You agree that all originals and any copies of the Confi dential Information remain the property of Company. You shall reproduce all copyright and other proprietarynotices, if any, in the same form that they appear on all the materials provided by us, on all permitted copies of the Confi dential Information made by you. You agree toreturn all originals and copies of all Confi dential Information in your possession or control to us at its request.
You shall be liable for any and all breaches of this Agreement and any unauthorized use or disclosure of Confi dential Information. If you become compelled byapplicable law, regulation or legal process to disclose any of the Confi dential Information, you shall promptly provide us with notice in order for us to seek a protectiveorder or other appropriate remedy. Further, if you become compelled to disclose any of the Confi dential Information, you must disclose only that portion of theConfi dential Information you are legally required to disclose as confi rmed by a legal opinion of your counsel at your expense.
USE OF THE SITE, CONTENT AND SERVICE
You may only use the Site, Content and Service to promote your existing business, as expressly permitted in writing by us. You may not cause harm to the Site orService. Specifi cally, but without limitation, you may not: (i) interfere with the Site, Content or Service by using viruses, programs, or technology designed to disrupt ordamage any software or hardware, or which attempts to assess the vulnerability of, or actually violates, any security feature; (ii) access any content or data not intendedfor you, or log into an account or server that you are not authorized to access; (iii) modify, create derivative works, reverse engineer, decompile or disassemble anytechnology used to provide the Site or our Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site or ourService, except in the operation or use of an Internet âsearch engine,â hit counters, or similar technology; (v) collect electronic mail addresses or other information fromthird parties by using the Site or our Service; (vi) impersonate another person or entity; (vii) engage in any activity that interferes with another userâs ability to use orenjoy the Site, or content or our Service; (viii) assist or encourage any third party in engaging in any activity prohibited by this Agreement; (ix) co-brand the Site, orcontent or our Service; (x) frame the Site or Service; (xi) hyper-link to the Site or Service, without the express prior written permission of an authorized representative ofCompany; (xii) use the Site, Content or Service, in whole or in part, for any purpose that is unlawful, immoral, or prohibited by this Agreement or any applicable local,state, or federal law, rule, or regulation; (xiii) use the Site, Content or Service in any manner that could damage, disable, overburden, or impair the Site or Service; (xiv)circumvent, or attempt to circumvent, any security feature of the Site; (xv) upload, e-mail or otherwise transmit to or through the Site or Service, any advertising,promotional, or other unauthorized communication, including, without limitation, âjunk mail,â âsurveys,â unsolicited e-mail, âspam,â âchain letters,â or âpyramid schemes;â or(xvi) incorporate data from any of our databases into any emails or other âwhite pagesâ products or services, whether browser- based, based on proprietary client-sideapplications, or web-based, without our prior, express and written consent.
You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work or employment,and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical or extremelydiffi cult to fi x the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that Company may determine to recover damagessustained by reason of each such breach, without prejudice to Companyâs right to also seek injunctive or other equitable relief.
If you purchase any of our products or services, you agree that your use of the product or service is limited by this Agreement as well.
Most areas of the Site are password restricted to registered users (âPassword-Protected Areasâ). If you have registered as an authorized user to gain access to thesePassword-Protected Areas, you agree that you are entirely responsible for maintaining the confi dentiality of your password, and agree to notify us if the password islost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activitiesthat occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakessuch activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Site thatis known to you.
All testimonials and endorsements must comply with Federal Trade Commission âFTCâ guidelines and other applicable laws and regulations. Claims about a productâsperformance or quality must be based on actual experiences. You must disclose connections between yourself and an advertiser that is unclear or unexpected to acustomer (for example, whether there is a fi nancial arrangement, employment arrangement, or ownership interest). Disclaimers and disclosures must be clear andconspicuous when used and must be used properly as to comply with FTC guidelines.
Statements about a productâs price and availability must be truthful and accurate. Product pricing must show a productâs actual price, must be clearly andconspicuously displayed, along with any material limitations (for example the cost of shipping or refund restrictions). Falsely suggesting that a product previously soldfor a higher price is not permitted. False scarcity statements are not permitted (for example, stating that supplies are limited when there is no actual limit).
You must: (i) accurately state the amount of effort required to succeed with a product or service; (ii) only state that a product or service has qualifying criteria whenthere are actual criteria that must be met; and (iii) only use third party trademarks and copyright protected materials with written permission.
USER CONTENT
User Content means all content created by you, which includes but is not limited to audio, video, images, photographs, logos, illustrations, animations, tools, writtenposts, comments, data, text, software, graphics, scripts, themes, and/or interactive features. Keep in mind that once you post something on a blog thereby making itavailable on the Internet and to the public, it may be practically impossible to take down all copies of it. By posting, downloading, displaying, performing, transmitting,or otherwise distributing any User Content to the Site or Service, you are granting us a transferrable, perpetual, irrevocable, worldwide and royalty free nonexclusivelicense (including the right to sub-license), to use, possess, copy, transmit, publicly display, distribute, sell, host, store, cache, disclose, perform, modify, edit, translate,reformat, import, export and prepare derivative works of such User Content through multiple tiers of distribution in any and all media now known or hereafterinvented (including, without limitation, the right to conform it to the requirement of any networks, devices, services, or media through which the Site or Services areavailable). Company will not pay you any compensation for the use of your User Content as provided herein. We are under no obligation to post or use any UserContent you may provide and may remove User Content at any time in our sole discretion. You agree that Company may publish or otherwise disclose your name inconnection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or areotherwise authorize to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Except as otherwise set forth herein, you retain ownership of all intellectual property rights in your User Content, and Company and/or third parties retain ownershipof all intellectual property rights in all Content other than User Content. You retain ownership of any intellectual property, URLs, and/or domain names you use or postor Service.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
You acknowledge and agree that the nature of the Confi dential Information to which you have, and will continue to have, access derives value from the fact that it is notgenerally known and used by others in the highly competitive, international industry in which Company engages and operates.
You acknowledge that you are receiving the Confi dential Information in confi dence, and you will not publish, copy or disclose any Confi dential Information withoutprior written consent from Company. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to our software orany other software supplied hereunder. You acknowledge that you will only use the Confi dential Information to the extent necessary to use the Service and promoteyour business in accordance with your agreements with Company, and that you will use best efforts to prevent unauthorized disclosure of the Confi dential Informationto any third party.
You agree not to alone or in association with others use the Confi dential Information to (i) solicit, or facilitate any organization with which you are associated insoliciting, any employee, affi liate or customer of ours to alter his, her or its relationship with us; (ii) solicit for employment, hire, or engage as an independent contractor,or facilitate any organization with which you are associated in soliciting for employment, hire, or engagement as an independent contractor, any person who wasemployed by or under contract with us at any time during the term of this Agreement (provided, that this clause (ii) shall not apply to any individual whose employmentor contractual relationship with us was terminated for a period of one year or longer); or (iii) solicit business from or perform services for any customer, supplier,licensee, or business relation of ours; induce or attempt to induce, any such person or entity to cease doing business with us; or in any way interfere with therelationship between any such person or entity and us.
Other than as expressly provided for herein, you do not acquire any right or interest, by license or otherwise, in or to the Confi dential Information.
You agree that all originals and any copies of the Confi dential Information remain the property of Company. You shall reproduce all copyright and other proprietarynotices, if any, in the same form that they appear on all the materials provided by us, on all permitted copies of the Confi dential Information made by you. You agree toreturn all originals and copies of all Confi dential Information in your possession or control to us at its request.
You shall be liable for any and all breaches of this Agreement and any unauthorized use or disclosure of Confi dential Information. If you become compelled byapplicable law, regulation or legal process to disclose any of the Confi dential Information, you shall promptly provide us with notice in order for us to seek a protectiveorder or other appropriate remedy. Further, if you become compelled to disclose any of the Confi dential Information, you must disclose only that portion of theConfi dential Information you are legally required to disclose as confi rmed by a legal opinion of your counsel at your expense.
You may only use the Site, Content and Service to promote your existing business, as expressly permitted in writing by us. You may not cause harm to the Site orService. Specifi cally, but without limitation, you may not: (i) interfere with the Site, Content or Service by using viruses, programs, or technology designed to disrupt ordamage any software or hardware, or which attempts to assess the vulnerability of, or actually violates, any security feature; (ii) access any content or data not intendedfor you, or log into an account or server that you are not authorized to access; (iii) modify, create derivative works, reverse engineer, decompile or disassemble anytechnology used to provide the Site or our Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site or ourService, except in the operation or use of an Internet âsearch engine,â hit counters, or similar technology; (v) collect electronic mail addresses or other information fromthird parties by using the Site or our Service; (vi) impersonate another person or entity; (vii) engage in any activity that interferes with another userâs ability to use orenjoy the Site, or content or our Service; (viii) assist or encourage any third party in engaging in any activity prohibited by this Agreement; (ix) co-brand the Site, orcontent or our Service; (x) frame the Site or Service; (xi) hyper-link to the Site or Service, without the express prior written permission of an authorized representative ofCompany; (xii) use the Site, Content or Service, in whole or in part, for any purpose that is unlawful, immoral, or prohibited by this Agreement or any applicable local,state, or federal law, rule, or regulation; (xiii) use the Site, Content or Service in any manner that could damage, disable, overburden, or impair the Site or Service; (xiv)circumvent, or attempt to circumvent, any security feature of the Site; (xv) upload, e-mail or otherwise transmit to or through the Site or Service, any advertising,promotional, or other unauthorized communication, including, without limitation, âjunk mail,â âsurveys,â unsolicited e-mail, âspam,â âchain letters,â or âpyramid schemes;â or(xvi) incorporate data from any of our databases into any emails or other âwhite pagesâ products or services, whether browser- based, based on proprietary client-sideapplications, or web-based, without our prior, express and written consent.
You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work or employment,and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical or extremelydiffi cult to fi x the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that Company may determine to recover damagessustained by reason of each such breach, without prejudice to Companyâs right to also seek injunctive or other equitable relief.
If you purchase any of our products or services, you agree that your use of the product or service is limited by this Agreement as well.
Most areas of the Site are password restricted to registered users (âPassword-Protected Areasâ). If you have registered as an authorized user to gain access to thesePassword-Protected Areas, you agree that you are entirely responsible for maintaining the confi dentiality of your password, and agree to notify us if the password islost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activitiesthat occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakessuch activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Site thatis known to you.
All testimonials and endorsements must comply with Federal Trade Commission âFTCâ guidelines and other applicable laws and regulations. Claims about a productâsperformance or quality must be based on actual experiences. You must disclose connections between yourself and an advertiser that is unclear or unexpected to acustomer (for example, whether there is a fi nancial arrangement, employment arrangement, or ownership interest). Disclaimers and disclosures must be clear andconspicuous when used and must be used properly as to comply with FTC guidelines.
Statements about a productâs price and availability must be truthful and accurate. Product pricing must show a productâs actual price, must be clearly andconspicuously displayed, along with any material limitations (for example the cost of shipping or refund restrictions). Falsely suggesting that a product previously soldfor a higher price is not permitted. False scarcity statements are not permitted (for example, stating that supplies are limited when there is no actual limit).
You must: (i) accurately state the amount of effort required to succeed with a product or service; (ii) only state that a product or service has qualifying criteria whenthere are actual criteria that must be met; and (iii) only use third party trademarks and copyright protected materials with written permission.
User Content means all content created by you, which includes but is not limited to audio, video, images, photographs, logos, illustrations, animations, tools, writtenposts, comments, data, text, software, graphics, scripts, themes, and/or interactive features. Keep in mind that once you post something on a blog thereby making itavailable on the Internet and to the public, it may be practically impossible to take down all copies of it. By posting, downloading, displaying, performing, transmitting,or otherwise distributing any User Content to the Site or Service, you are granting us a transferrable, perpetual, irrevocable, worldwide and royalty free nonexclusivelicense (including the right to sub-license), to use, possess, copy, transmit, publicly display, distribute, sell, host, store, cache, disclose, perform, modify, edit, translate,reformat, import, export and prepare derivative works of such User Content through multiple tiers of distribution in any and all media now known or hereafterinvented (including, without limitation, the right to conform it to the requirement of any networks, devices, services, or media through which the Site or Services areavailable). Company will not pay you any compensation for the use of your User Content as provided herein. We are under no obligation to post or use any UserContent you may provide and may remove User Content at any time in our sole discretion. You agree that Company may publish or otherwise disclose your name inconnection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or areotherwise authorize to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Except as otherwise set forth herein, you retain ownership of all intellectual property rights in your User Content, and Company and/or third parties retain ownershipof all intellectual property rights in all Content other than User Content. You retain ownership of any intellectual property, URLs, and/or domain names you use or postor Service.
When accessing the Site or using the Content or Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service,Content and Site is at all times governed by and subject to laws regarding intellectual property ownership. You agree not to upload, download, display, perform,
INAPPROPRIATE CONTENT
You agree not to upload, download, display, perform, transmit, or otherwise distribute any material or content that (i) is libelous, defamatory, obscene, pornographic,abusive, or threatening; or (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicablelocal, state, national, or foreign law or regulation or this Agreement. Company reserves the right to terminate your receipt, transmission or other distribution of anysuch material or content using the Service, and, if applicable, to delete any such material or content from its servers. Company intends to cooperate fully with any lawenforcement offi cials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
Company reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site and Service. If Companydetermines, in its sole and absolute discretion, that a user has or will breach a term or condition of this Agreement or that such transaction or communication isinappropriate, Company may cancel such transaction or take any other action to restrict access to or the availability of any material or content that may be consideredobjectionable, without any liability to you or any third party.
COPYRIGHT INFRINGEMENT
1.
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
b. Identifi cation of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notifi cation, a representative listof such works;
c. Identifi cation of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to bedisabled, and information reasonably suffi cient to permit Company to locate the material;
d. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or thelaw; and
e. A statement that the information in the notifi cation is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of anexclusive right that is allegedly infringed.
For this notifi cation to be effective, you must provide it to the Companyâs designated agent at:
Services will be provided by:
Innovation Embassy DK
Lauravej 18 st tv
Effective Date: 08 November 2023
ALLEGED VIOLATIONS
Company reserves the right to suspend or terminate your use of any Service or the Content or Site. To ensure that Company provides a high quality experience for youand for other users of the Site, Content and Service, you agree that Company or its representatives may access your account and records on a case-by-case basis toinvestigate complaints or allegations of abuse, infringement of third party rights or other unauthorized uses of the Site, Content or Service. Company does not intendto disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to suspend or terminate your account or youraccess to the Site immediate, with or without prior notice to you, and without liability to you, if Company believes that you have violated any of this Agreement,furnished Company with false or misleading information, or interfered with use of the Site, Content or the Service by others.
FULL POWER AND AUTHORITY
You represent and warrant that: (i) you have the full power and authority to enter into and perform under this Agreement; (ii) execution and performance of thisAgreement does not constitute a breach of, or confl ict with, any other agreement or arrangement by which you are bound; (iii) the terms of this Agreement are legal,valid, and binding obligation, enforceable against you; (iv) all content you create to promote Company, its Site, the Content or Service was created without anycontribution of any kind from Company including, without limitation, editorial control or approval, that any suggestions regarding content received from Company aremade âas-isâ and without any warranty; and that you have had all marketing materials created by you reviewed by competent legal counsel and solely assume allresponsibility for it; (v) you are at least 18 years of age, (vi) your use of the Site and Content is legal in, and does not violate any laws or rules of, the jurisdictions in whichyou reside or from which you use or otherwise access the Site, (vii) all information (if any) provided by you to us is correct, (viii) your use of the Site, Content andServices shall be in accordance with this Agreement and your Affi liate Agreement and the Policies and Procedures of Company if you are an affi liate and (ix) you arecapable of assuming, and do assume, any risks related to the use of the Site, Content and Services.
DISCLAIMER OF WARRANTIES
transmit, or otherwise distribute any information or content in violation of any third partyâs copyrights, trademarks, or other intellectual property or proprietary rights.You agree to abide by laws regarding intellectual property ownership and use, and you shall be solely responsible for any violations of any relevant laws and for anyinfringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your user name. The burden of proving thatany content does not violate any laws or third party rights rests solely with you.
All trademarks, service marks, trade names and copyrights displayed on the Site or in the Content are proprietary to us or their respective owners.
You agree not to upload, download, display, perform, transmit, or otherwise distribute any material or content that (i) is libelous, defamatory, obscene, pornographic,abusive, or threatening; or (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicablelocal, state, national, or foreign law or regulation or this Agreement. Company reserves the right to terminate your receipt, transmission or other distribution of anysuch material or content using the Service, and, if applicable, to delete any such material or content from its servers. Company intends to cooperate fully with any lawenforcement offi cials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
Company reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site and Service. If Companydetermines, in its sole and absolute discretion, that a user has or will breach a term or condition of this Agreement or that such transaction or communication isinappropriate, Company may cancel such transaction or take any other action to restrict access to or the availability of any material or content that may be consideredobjectionable, without any liability to you or any third party.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site, in the Content or with the Service.Company has adopted a policy that provides for the immediate suspension or termination of any Site or Service user who is found to have infringed on the rights ofCompany or a third party, or otherwise violated any intellectual property laws or regulations. Companyâs policy is to investigate any allegations of copyrightinfringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and youwant Company to delete, edit or disable the material in question, you must provide Company with all of the following information:
Services will be provided by:
Innovation Embassy DK
Lauravej 18 st tv
Effective Date: 01092022
Company reserves the right to suspend or terminate your use of any Service or the Content or Site. To ensure that Company provides a high quality experience for youand for other users of the Site, Content and Service, you agree that Company or its representatives may access your account and records on a case-by-case basis toinvestigate complaints or allegations of abuse, infringement of third party rights or other unauthorized uses of the Site, Content or Service. Company does not intendto disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to suspend or terminate your account or youraccess to the Site immediate, with or without prior notice to you, and without liability to you, if Company believes that you have violated any of this Agreement,furnished Company with false or misleading information, or interfered with use of the Site, Content or the Service by others.
You represent and warrant that: (i) you have the full power and authority to enter into and perform under this Agreement; (ii) execution and performance of thisAgreement does not constitute a breach of, or confl ict with, any other agreement or arrangement by which you are bound; (iii) the terms of this Agreement are legal,valid, and binding obligation, enforceable against you; (iv) all content you create to promote Company, its Site, the Content or Service was created without anycontribution of any kind from Company including, without limitation, editorial control or approval, that any suggestions regarding content received from Company aremade âas-isâ and without any warranty; and that you have had all marketing materials created by you reviewed by competent legal counsel and solely assume allresponsibility for it; (v) you are at least 18 years of age, (vi) your use of the Site and Content is legal in, and does not violate any laws or rules of, the jurisdictions in whichyou reside or from which you use or otherwise access the Site, (vii) all information (if any) provided by you to us is correct, (viii) your use of the Site, Content andServices shall be in accordance with this Agreement and your Affi liate Agreement and the Policies and Procedures of Company if you are an affi liate and (ix) you arecapable of assuming, and do assume, any risks related to the use of the Site, Content and Services.
COMPANY HEREBY MAKES NO REPRESENTATIONS, AND DISCLAIMS ALL WARRANTIES, ARISING OUT OF OR INCONNECTION WITH THE SITE, THECONTENT AND THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, ANY AND ALL WARRANTIES EXPRESS AND IMPLIED, THE WARRANTIES OFNONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSEOF DEALING; ANY LIABILITY WITH REGARD TO THE SITE, CONTENT AND SERVICES; AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANYSERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, SERVICES, SOFTWARE AND PRODUCTS ARE PROVIDED âAS IS,ââWITH ALL FAULTS,â AND âAS AVAILABLE.â WE DISCLAIM ALL WARRANTIES,
YOUR USE OF THE SITE, SERVICE AND CONTENT IS AT YOUR SOLE RISK. ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUTOF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANYREASON) TO ACCESS THE SITE OR CONTENT OR OTHERWISE USE OR RECEIVE INFORMATION OR SERVICE FROM OR REGARDING THE SITE, CONTENT, ORYOUR PURCHASES FROM US. WE DO NOT WARRANT THAT THE SITE OR SERVICE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS ORTHAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR SERVICE.
WE ARE NOT RESPONSIBLE OR LIABLE FOR MAINTAINING ANY CONSUMER DATA OR FOR THE DELETION, CORRUPTION, DESTRUCTION, DAMAGE, LOSSOR FAILURE OF ANY CONSUMER DATA OR FOR ANY THIRD PARTY ACCESS TO ANY CONSUMER DATA.
WE MAKE NO WARRANTY OR REPRESENTATION AS TO THE LEVEL OF SUCCESS, IF ANY, INDIVIDUALS MAY ACHIEVE BY USING ANY OF OUR SERVICE.INDIVIDUAL RESULTS MAY VARY AND DEPEND ON MANY FACTORS INCLUDING AN INDIVIDUALâS SPECIFIC FINANCIAL SITUATION, EFFORTS ANDACTIONS. YOU SHOULD SEEK THE ADVICE OF QUALIFIED PROFESSIONALS SUCH AS AN ACCOUNTANT, ATTORNEY AND/OR PROFESSIONAL ADVISOR FORSPECIFIC ADVICE FOR YOUR BUSINESS.
LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANYCONTENT, THE SITE, THE SERVICE, OR INFORMATION RELATED TO THE SITE OR SERVICE, AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), (I)ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR OUR PRODUCTS OR SERVICE, (II) ARISING OUT OFOR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR CONTENT, OR WITH THE DELAY OR INABILITY TO USE THE SITE, CONTENT,OR RELATED SERVICE, OR FROM THE USE OR MISUSE OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENTOBTAINED THROUGH
THE SITE, (III) ANY INCORRECT OR MISSING INFORMATION OR DATA, OR (IV) OTHERWISE ARISING OUT OR RESULTING FROM LOSS OF YOUR DATA ORINFORMATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OROTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, IF ANY, FOR ANY LOSS OR DAMAGE RELATING TO ORARISING OUT OF YOUR USE OF THE SITE OR ANY CONTENT WILL NOT EXCEED THE LESSER OF YOUR ACTUAL DAMAGES OR THE CHARGES PAID BY YOU TOUS FOR THE SITE FOR A PERIOD OF TWO MONTHS.
WE ARE NOT RESPONSIBLE FOR INTERRUPTED, INACCESSIBLE OR UNAVAILABLE NETWORKS, SERVERS, SATELLITES, INTERNET SERVICE PROVIDERS,WEBSITES, OR OTHER CONNECTIONS, OR FOR MISCOMMUNICATIONS, FAILED, JUMBLED, SCRAMBLED, DELAYED, OR MISDIRECTED COMPUTER,TELEPHONE OR CABLE TRANSMISSIONS, OR FOR ANY TECHNICAL MALFUNCTIONS, FAILURES OR DIFFICULTIES.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANYKIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANYCLAUSE DECLARED
INCOME DISCLOSURE
THE INCOME DISCLOSURE POSTED ON OUR WEBSITE IS INCORPORATED HEREIN BY REFERENCE AND YOU HEREBY REPRESENT THAT YOU HAVE READ AND UNDERSTAND IT.
ADDITIONAL RESTRICTIONS
YOU AGREE THAT:
You are the owner, director, manager or executive offi ce of an existing business, and you will use the Service, Content and Site only for purposes of enhancing yourexisting business.
You will not use the Site, the Service or the Content to start a new business. You acknowledge that the Site, the Content and the Service are not intended for use instarting a new business. Starting a new business involves complexities that are not addressed by the Site, the Service or the Content.
The Company does not and will not offer you advice regarding locations for your business, provide customers or accounts for your business, or purchase from you anyservices or products you create using the Site, the Content or the Service.
The Company does not, and will not, tell you or advise you how to operate your business, including without limitation not providing you any sales or marketing plan foryour business.
RELATED SITES
Company has no control over, and no liability for, any third party sites or materials (âThird Party Sitesâ). Company works with a number of partners and affi liates whoseInternet sites may be linked with the Site. Because Company has no control over the content and performance of these Third Party Sites, Company makes noguarantees about the accuracy, currency, content, or quality of the information provide by such Third Party Sites, and Company assumes no responsibility forunintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Third Party Sites. Similarly, from time to time in connection with youruse of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree thatCompany makes no representations, warranties or guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this Third PartySites, and that, unless expressly provided otherwise, this Agreement shall govern your use of any and all Third Party Sites.
Your linking to such Third Party Sites is at your own risk. We do not investigate, monitor, or check such Third Party Sites for accuracy or completeness. We are notresponsible for the availability of these Third Party Sites, nor are we responsible for the aesthetics, appeal, suitability to taste or subjective quality of informationalcontent, advertising, products or other materials made available on or through such Third Party Sites. We are providing these links to you only as a convenience andmay discontinue providing such links at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions,advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Site contained in, referred to, includedon, or linked from or to, the Site. Under no circumstances shall we or any affi liated providers be held responsible or liable, directly or indirectly, for any loss, injury, ordamage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods,services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Siteâs administrator or webmaster. Any links toThird Party Sites do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links,or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of ours.
Company, its managers, or members may receive an affi liate commission when you purchase some of the products or services that we recommend on our Site orService. By entering into this Agreement, you acknowledge that you have been informed of such payments, consent to payments of affi liate commission, and agree thatsuch payments are fair and reasonable.'
TERMINATION
You agree that Company may suspend or terminate your use of the Site or Service, in its sole discretion, including without limitation, if Company believes, in our soleand absolute discretion, that you have breached any term of this Agreement or, if you are an affi liate with Company, your Affi liate Agreement or Companyâs Policiesand Procedures. You acknowledge and agree that Company shall not be liable to you or any other party for said suspension and termination.
Upon termination, your license to use the Site, Content or Service and everything accessible by or through the Site, Content or Service shall terminate and theremainder of this Agreement shall survive indefi nitely unless and until we choose to terminate it.
Upon termination of any part of this Agreement for any reason, we shall make reasonable efforts to ensure that your User Content is inaccessible and cease use of it;however, you acknowledge and agree that: (i) caching of, copies of, or references to the User Content may not be immediately removed or possible to remove; (ii) suchremoved User Content may continue in backups (not available to others) for a relatively short period of time; and (iii) due to re-blogging capabilities, such removedUser Content may continue to be available (and stored on our servers) through the accounts of other subscribers.
NOTICES
All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) [Location e.g.DK mail] Mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to us, you must use the following address: Lauravej 18 st tv, 2500 Valby Denmark IfCompany provides notice to you, Company will use the contact information provide by you to us. All notices will be deemed received as follows: (A) if delivery by[Location] mail, seven business days after dispatch, (B) if by overnight courier, on the date receipt is confi rmed by such courier service, or (C) if by electronic mail, 24hours after the message was sent, if no âsystem errorâ or other notice of non-delivery is generated. If applicable law requires that a given communication be âin writing,âyou agree that email communication will satisfy this requirement.
INDEMNITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANYCONTENT, THE SITE, THE SERVICE, OR INFORMATION RELATED TO THE SITE OR SERVICE, AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), (I)ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR OUR PRODUCTS OR SERVICE, (II) ARISING OUT OFOR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR CONTENT, OR WITH THE DELAY OR INABILITY TO USE THE SITE, CONTENT,OR RELATED SERVICE, OR FROM THE USE OR MISUSE OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENTOBTAINED THROUGH
THE SITE, (III) ANY INCORRECT OR MISSING INFORMATION OR DATA, OR (IV) OTHERWISE ARISING OUT OR RESULTING FROM LOSS OF YOUR DATA ORINFORMATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OROTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, IF ANY, FOR ANY LOSS OR DAMAGE RELATING TO ORARISING OUT OF YOUR USE OF THE SITE OR ANY CONTENT WILL NOT EXCEED THE LESSER OF YOUR ACTUAL DAMAGES OR THE CHARGES PAID BY YOU TOUS FOR THE SITE FOR A PERIOD OF TWO MONTHS.
WE ARE NOT RESPONSIBLE FOR INTERRUPTED, INACCESSIBLE OR UNAVAILABLE NETWORKS, SERVERS, SATELLITES, INTERNET SERVICE PROVIDERS,WEBSITES, OR OTHER CONNECTIONS, OR FOR MISCOMMUNICATIONS, FAILED, JUMBLED, SCRAMBLED, DELAYED, OR MISDIRECTED COMPUTER,TELEPHONE OR CABLE TRANSMISSIONS, OR FOR ANY TECHNICAL MALFUNCTIONS, FAILURES OR DIFFICULTIES.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANYKIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANYCLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMSOF USE.
THE INCOME DISCLOSURE POSTED ON OUR WEBSITE IS INCORPORATED HEREIN BY REFERENCE AND YOU HEREBY REPRESENT THAT YOU HAVE READAND UNDERSTAND IT.
YOU AGREE THAT:
You are the owner, director, manager or executive offi ce of an existing business, and you will use the Service, Content and Site only for purposes of enhancing yourexisting business.
You will not use the Site, the Service or the Content to start a new business. You acknowledge that the Site, the Content and the Service are not intended for use instarting a new business. Starting a new business involves complexities that are not addressed by the Site, the Service or the Content.
The Company does not and will not offer you advice regarding locations for your business, provide customers or accounts for your business, or purchase from you anyservices or products you create using the Site, the Content or the Service.
The Company does not, and will not, tell you or advise you how to operate your business, including without limitation not providing you any sales or marketing plan foryour business.
Company has no control over, and no liability for, any third party sites or materials (âThird Party Sitesâ). Company works with a number of partners and affi liates whoseInternet sites may be linked with the Site. Because Company has no control over the content and performance of these Third Party Sites, Company makes noguarantees about the accuracy, currency, content, or quality of the information provide by such Third Party Sites, and Company assumes no responsibility forunintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Third Party Sites. Similarly, from time to time in connection with youruse of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree thatCompany makes no representations, warranties or guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this Third PartySites, and that, unless expressly provided otherwise, this Agreement shall govern your use of any and all Third Party Sites.
Your linking to such Third Party Sites is at your own risk. We do not investigate, monitor, or check such Third Party Sites for accuracy or completeness. We are notresponsible for the availability of these Third Party Sites, nor are we responsible for the aesthetics, appeal, suitability to taste or subjective quality of informationalcontent, advertising, products or other materials made available on or through such Third Party Sites. We are providing these links to you only as a convenience andmay discontinue providing such links at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions,advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Site contained in, referred to, includedon, or linked from or to, the Site. Under no circumstances shall we or any affi liated providers be held responsible or liable, directly or indirectly, for any loss, injury, ordamage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods,services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Siteâs administrator or webmaster. Any links toThird Party Sites do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links,or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of ours.
Company, its managers, or members may receive an affi liate commission when you purchase some of the products or services that we recommend on our Site orService. By entering into this Agreement, you acknowledge that you have been informed of such payments, consent to payments of affi liate commission, and agree thatsuch payments are fair and reasonable.
You agree that Company may suspend or terminate your use of the Site or Service, in its sole discretion, including without limitation, if Company believes, in our soleand absolute discretion, that you have breached any term of this Agreement or, if you are an affi liate with Company, your Affi liate Agreement or Companyâs Policiesand Procedures. You acknowledge and agree that Company shall not be liable to you or any other party for said suspension and termination.
Upon termination, your license to use the Site, Content or Service and everything accessible by or through the Site, Content or Service shall terminate and theremainder of this Agreement shall survive indefi nitely unless and until we choose to terminate it.
Upon termination of any part of this Agreement for any reason, we shall make reasonable efforts to ensure that your User Content is inaccessible and cease use of it;however, you acknowledge and agree that: (i) caching of, copies of, or references to the User Content may not be immediately removed or possible to remove; (ii) suchremoved User Content may continue in backups (not available to others) for a relatively short period of time; and (iii) due to re-blogging capabilities, such removedUser Content may continue to be available (and stored on our servers) through the accounts of other subscribers.
All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) [Location e.g.DK mail] Mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to us, you must use the following address: Lauravej 18 st tv, 2500 Valby Denmark IfCompany provides notice to you, Company will use the contact information provide by you to us. All notices will be deemed received as follows: (A) if delivery by[Location] mail, seven business days after dispatch, (B) if by overnight courier, on the date receipt is confi rmed by such courier service, or (C) if by electronic mail, 24hours after the message was sent, if no âsystem errorâ or other notice of non-delivery is generated. If applicable law requires that a given communication be âin writing,âyou agree that email communication will satisfy this requirement.
GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the laws of the [Country] and the [State/County], without reference to their rules regardingconfl icts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in [State/County] in all disputes arising out of or related to theuse of the Site, Content or Service. In the event of a dispute between an affi liate and Company arising from or relating to the Agreement, or the rights and obligations ofeither party, the parties shall attempt in good faith to resolve the dispute through confi dential, nonbinding mediation as more fully described in the Policies andProcedures. Company shall not be obligated to engage in mediation as a prerequisite to disciplinary action against an Affi liate. If the parties are unsuccessful inresolving their dispute through mediation, the dispute shall be settled totally and fi nally by arbitration as more fully described in the Policies and Procedures.
Notwithstanding the foregoing, either party may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitablerelief to protect its intellectual property rights, including but not limited to customer and/or affi liate lists as well as other trade secrets, trademarks, trade names,patents, and copyrights. The parties may also seek judicial enforcement of an arbitration award. You waive any requirement of posting a bond in connection with suchan action brought against you.
These Terms of Use do not
SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction fi nds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remainunaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequentbreach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waivingparty.
MODIFICATIONS
Company may, in its sole discretion and without prior notice, (i) revise this Agreement; (ii) modify the Site, Content or the Service, and (iii) discontinue the Site, Contentor Service at any time for any reason. Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately upon such positing.In the event of substantive changes to this Agreement, the new terms will be posted to the Site. If any modifi cation is unacceptable to you, your only recourse is not touse the Site and Service and to request an immediate termination of your membership. Your continued use of the Site, Content or the Service following positing of achange notice or new Agreement on the Site will constitute binding acceptance of the changes.
MISCELLANEOUS
You agree to indemnify, defend, and hold Company, its managers, members, offi cers, directors, employees, consultants, agents, and representatives harmless from andagainst any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fi nes, penalties, costs, and expenses, including attorneyâs fees andrelated costs, which (i) arise or in part from your negligence or wrongful act(s) or omission(s); (ii) arise from or are related to a breach you have any express warrantycontained herein; or (iii) failure to comply with this Agreement. We have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, orarising out of, this Agreement, the Site, Content or Service, or your access to or use of the Site, Content or Service.
If an action is brought against Company in respect to any allegation for which indemnity may be sought, Company will promptly notify you of any such claim of which itbecomes aware and will: (i) provide reasonable cooperation to you at your expense in connection with the defense or settlement of any such claim; and (ii) be entitledto participate at its own expense in the defense of any such claim.
Company agrees that you will have sole and exclusive control over the defense and settlement of any such third party claim. However, you agree not to acquiesce to anyjudgment or enter into any settlement that adversely affects Companyâs rights or interests without the prior written consent of Company.
This Agreement shall be construed in accordance with and governed by the laws of the [Country] and the [State/County], without reference to their rules regardingconfl icts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in [State/County] in all disputes arising out of or related to theuse of the Site, Content or Service. In the event of a dispute between an affi liate and Company arising from or relating to the Agreement, or the rights and obligations ofeither party, the parties shall attempt in good faith to resolve the dispute through confi dential, nonbinding mediation as more fully described in the Policies andProcedures. Company shall not be obligated to engage in mediation as a prerequisite to disciplinary action against an Affi liate. If the parties are unsuccessful inresolving their dispute through mediation, the dispute shall be settled totally and fi nally by arbitration as more fully described in the Policies and Procedures.
Notwithstanding the foregoing, either party may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitablerelief to protect its intellectual property rights, including but not limited to customer and/or affi liate lists as well as other trade secrets, trademarks, trade names,patents, and copyrights. The parties may also seek judicial enforcement of an arbitration award. You waive any requirement of posting a bond in connection with suchan action brought against you.
These Terms of Use do not limit any rights or remedies that we or our suppliers, licensors or other similar entities, may have under trade secret, copyright, patent,trademark or other laws.
If, for whatever reason, a court of competent jurisdiction fi nds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remainunaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequentbreach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waivingparty.
Company may, in its sole discretion and without prior notice, (i) revise this Agreement; (ii) modify the Site, Content or the Service, and (iii) discontinue the Site, Contentor Service at any time for any reason. Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately upon such positing.In the event of substantive changes to this Agreement, the new terms will be posted to the Site. If any modifi cation is unacceptable to you, your only recourse is not touse the Site and Service and to request an immediate termination of your membership. Your continued use of the Site, Content or the Service following positing of achange notice or new Agreement on the Site will constitute binding acceptance of the changes.
This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement will not be assignable or transferable by you withoutCompanyâs prior written consent. This Agreement, and the related policy statements referred to herein, contains the entire understanding of the parties regarding useof the Site, Content and Service, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the same. Any rightsnot expressly granted herein are reserved. No agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Theprovisions of this Agreement addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law shall survive thetermination of this Agreement.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE AGREEMENT, ASAMENDED FROM TIME TO TIME.