Terms & Conditions – Service Terms

LAST REVISED MARCH 31, 2019

Thank you for visiting the SparkEMC website, mobile applications and/or other services. By accessing or using the SparkEMC website (including the mobile optimized version of the website), online services, mobile and other applications and social networking platforms (each, a "Site"), whether automated or otherwise, you agree to be bound by these Terms of Use, to the collection and use of your information as set forth in our Privacy Policy, which is incorporated herein by reference and located at https://www.SparkEMC.com/privacy, and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site.

Please read these Terms & Conditions carefully before using or accessing the Site. These Terms & Conditions supersede any prior User Agreement and apply to all visitors, users, SP(Service Providers)'s, and others who access the Service ("Users").

SparkEMC Terms of Use
(User Agreement)

The SparkEMC website and/or mobile application is owned or operated by Syfte Market Services Private Limited, Mangalore, Karnataka, India (please visit www.syfte.co.in for more information), Incorporated (together with its parent company and their respective subsidiaries and affiliates, referred to herein as "SparkEMC" or "we" or "us" or "our")

Certain features, from the Site may be subject to additional terms and conditions presented to you at the time that you use. When you decide to enter a contest or campaign, we present the terms and conditions for the contest or campaign to you. In addition, some areas of the Site are provided by our third party partners and are subject to separate terms and conditions of use, which are posted within those areas.

Use of Our Site

SparkEMC provides a place for SparkEMC Users to interact with Service Providers( referred to herein abbreviation of “SP”) and book or block those SP’s to provide all of the services needed to complete your event. However, SparkEMC does not provide any SP services, nor is it an agent for the SP or act as a representative of any User. Therefore, SparkEMC has no control over any User’s activity on the Site, including interactions between Users, and we make no representations regarding the quality, accuracy or safety of the services being provided by a SP or the activities or transactions between Users.

You acknowledge that SparkEMC is a neutral venue and not a broker, and you are solely responsible for your interactions with other SparkEMC Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SparkEMC shall have no liability for your interactions with other Users, or for any User’s action or inaction.

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not agree to these Terms of Use, you may not use the Site.

We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute resolution, venue and time limit of claims provisions to the extent allowed by applicable law. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.

NOTE: THIS TERMS OF USE CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING ARBITRATION" SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE "BINDING ARBITRATION" SECTION BELOW.

Rules of Conduct

There are rules of conduct that all users and SPs are required to follow when using the Sites. You must not:

  • engage in any Circumventing Tactics (as defined below), or direct or encourage others to do so. "Circumventing Tactics" means any method by which a SP or a user attempts to circumvent the Site, the SparkEMC' marketplace or SparkEMC' systems to book events or reservations outside of the Site, the SparkEMC' marketplace or SparkEM' systems (e.g., to avoid paying any fees to SparkEMC).
  • "harvest," "scrape" (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on or through the Site.
  • use unauthorized automated means to access the Site, or otherwise gain unauthorized access to the Site or to any account or computer system connected to the Site.
  • "stream catch" (download, store or transmit copies of streamed content).
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
  • "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems. (e.g., perform a Denial of Service attack)
  • circumvent or reverse engineer the Site or its systems.
  • restrict or inhibit another user or users from using and enjoying the Site.
  • manipulate or forge identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees.
  • impersonate any person, including, but not limited to, other community members or our employees.
  • engage in or promote spamming, chain letters or other unsolicited communications.
  • provide inaccurate, misleading or false information to us.
  • post any content or take any action that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal.
  • post any content or take any action that seeks to harm or exploit children by exposing them to inappropriate content, behavior, asking for personally identifiable details or otherwise.
  • post any content or take any action that contains any information, content or behavior that we deem vulgar, obscene, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise harmful (to SparkEMC, SPs or other users of the Site).
  • post any content or take any action that contains any information that you know is not correct and current.
  • post any content or take any action that, (or, as a SP, refuse to provide services for any reason that) is fraudulent, unlawful, threatening, harassing, abusive or discriminatory, including, without limitation, discrimination due to race, color, religion, national origin, age or sexual orientation.
  • post any content or take any action that encourages criminal conduct.
  • post any content or take any action that contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty or operation of law.
  • post any content or take any action that advertises or solicits business for products or services other than those that are offered and promoted on the Site,
  • post any content or take any action that contains or distributes any virus, malware, spyware or other harmful content or code.
  • contact a SparkEMC client with an offer or suggestion to book an event listed on SparkEMC (i.e., has an assigned SparkEMC ID number) outside of SparkEMC.*
  • interfere with a SparkEMC SP's booking.
  • contact a SparkEMC client in an open or completed booking to warn them away from hiring a SparkEMC SP.
  • if you are a SP, discourage clients from hiring other SparkEMC SP or members.
  • discourage and/or prevent SparkEMC clients from booking you through SparkEMC.
  • if you are a SP, ‘farm’ out client leads (i.e., taking client leads provided to them and transferring these client leads to non-SparkEMC SPs and entities or outside the SparkEMC Site in any way).*
  • if you are a SP, utilize client leads sent to other SparkEMC SPs or members but not sent to you.

You also must comply with all applicable laws and contractual obligations when you use the Site.

Ownership of Site Content and Submissions

We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Site (“Site Content”). You may use the Site (including any Site Content) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Site Content unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you submit or post any materials or content to the Site, you grant us and our business partners a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights, the posting and use of your materials and content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, rights of publicity, copyrights, trademark and/or other intellectual property rights, and that the such posts and the content contained therein abide by the Rules of Conduct set forth in these Terms of Use.

You may choose to or we may invite you to submit comments or ideas about the Sites and our other products and services, including without limitation about how to improve the Sites or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SparkEMC under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SparkEMC does not waive any rights to use similar or related ideas previously known to SparkEMC, or developed by its employees, or obtained from sources other than you.

Responsibility for Public Postings and Content

Responsibility for what is posted in public areas of the Site lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher of user posts and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Our Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Use.

Although Our Representatives may moderate content, conduct and Terms of Use compliance on the Site at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will "take care" of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer/Managing Director and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Registration and Log In

To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site you will be required to log in using your username and password.

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

If you, as a SparkEMC Service Provider, experience a dissolution, merger or other significant change in personnel (e.g., two members of a four-member band leave), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all client reviews previously associated with such account.

Payments

Billing Policies.

You are responsible for paying any and all applicable fees as set forth on our Plans & Pricing Terms at https://www.SparkEMC.com/plans-and-pricing and applicable taxes( if any, will be disclosed) associated with the Site in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in Indian Rupees. All payments must be made electronically by the methods specified within the Site. You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number or expiration date) and to notify SparkEMC if your selected payment method is cancelled (e.g., for loss or theft). SparkEMC may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

The SPs, and not SparkEMC, are responsible for delivering any purchased goods or performing any booked services. If you, as a User of the Site, choose to enter into a transaction with a SP, you agree and understand that you will be required to enter into an agreement with such SP and agree to any terms or conditions which may be imposed by such SP. As a User and a SP of the Site, you acknowledge and agree that you, and not SparkEMC, will be responsible for performing the obligations of such agreements, except as otherwise expressly set forth in this Agreement.

No Refunds. You may cancel your SparkEMC account at any time; however, there are no refunds for cancellation except (a) as expressly set forth herein, and/or (b) as required by applicable law. In the event that SparkEMC suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Site Content, any unused time on a subscription, any license or subscription fees for any portion of the Sites, any content or data associated with your account or for anything else.

Charges on Your Account. You are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your use of the Site or any services contained therein, including, but not limited to, sales, use or value-added taxes. To the extent SparkEMC is obligated to collect such taxes, the applicable tax will be added to your billing account.

Authorization; Payment Processing. You expressly authorize SparkEMC to debit or credit funds from the payment method you have chosen. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Site; provided, however, that such notice will not affect charges submitted before SparkEMC could reasonably act. The SP shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees.

Payment. Purchases made through the Site may be processed through a third party provider. If applicable, you will be provided a notice when entering your payment information directing you to such third party payment service provider’s terms of use and privacy policy and all payments are governed by such terms of use and privacy policy.

Disputes. You agree to contact the User or SP who purchased or sold the goods or services directly with all inquiries regarding such purchased goods or services. SparkEMC has no obligation to handle or facilitate the handling of any disputes between Users. For avoidance of doubt, any disputes directly with SparkEMC shall be handled in accordance with the terms and conditions of these Terms of Use.

Chargebacks. It is the responsibility of the SP to issue any refunds to Users via the Sites or outside and Users should direct all refund requests to the applicable SP. SparkEMC will not be responsible or liable in any way for refunds or errors in issuing refunds in connection with your use of the Sites. Users shall only initiate chargebacks or request refunds in situations where a User has a good faith belief that the charged amount is incorrect, the charge was fraudulent or there was some other error with the billed amount (“Valid Chargeback Request”). If you violate the foregoing, SparkEMC reserves the right to pursue all remedies available to it, including suspension of your access to the Site. If you initiate a chargeback request that is not a Valid Chargeback Request, and such request is accepted or processed by a credit card company or other entity, you acknowledge and agree that SparkEMC may charge you for any costs associated with such invalid chargeback requests.

Booking Fees. No booking fees are charged by SparkEMC at any given point of time, unless decided later on by the management to implement so which will be transferred to the User or SP( wherever applicable). For every transaction made on the Website, Service charges of 5% will be charged upon every Booking made on the website.

Correcting Mistakes in Payments to SPs and Customers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous SparkEMC refund or reimbursement.

Automatic Membership Renewal (“Auto-Renew”).
All SparkEMC memberships automatically renew for an additional equivalent period at the same term until cancelled by the SP as provided herein. Without limiting the foregoing, when you sign up, upgrade or renew your membership, you are automatically entered into our auto-renew program. This means that we will charge your selected payment method at the start of each new membership term.

You may cancel your membership by contacting us and requesting cancellation at +91 90089 88 7 55 or info@SparkEMC.com. If you are enrolled in our monthly payment plan and you decide to cancel during the membership period, you acknowledge and agree that you will continue to be billed on a monthly basis until your originally scheduled membership expiration date.

In any case, if the SP fails to renew their membership they will be automatically downgraded to the Primary Plan and the data( Information or media) that they have in their Selected profile will be archived for a maximum period of 3 months after which it will be deleted and cannot be retrieved with any sort of communication at any level. Multiple communications and personal visits will be made by our Representatives to know the reason and get a clear note of the account.

Electronic Communications

The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Social Media posts in regards to your Profile will be made once you become a part of the POSH Subscription and SP hereby allows us to post on their behalf on only SparkEMC Dedicated Handles and not any other. If you feel to opt out of this option, please drop in an email with your account details to info@sparkemc.com which will have no implication on your subscription charges.

Copyright Infringement Notices

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please write to us on info@sparkemc.com , immediate action will be taken after thorough scrutiny and will revert within 48 hours. We have a policy of terminating the Site usage privileges of users who are infringers of intellectual property rights.

Changes to the Site

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms of Use. Other reasons for which we may temporarily suspend or permanently deactivate your access to the Site include, but are not limited to: (a) any SparkEMC member or SP engaging in any Circumventing Tactics or otherwise violating these Terms of Use; (b) any SparkEMC member or SP failing to reply to e-mails/SMS in a timely fashion, (c) any SparkEMC member or SP falsifying bookings, client information, reviews, or artificially inflating ratings or booking totals, (d) any SparkEMC member or SP failing to arrive or perform (being a "no-show") for more than one SparkEMC booking or cancelling a booking and failing to return the client's deposit or balance payment for said no-show or cancellation, (e) any SparkEMC member or SP posting contact information (e.g., website URL links and addresses, email links and addresses and telephone numbers) on said member or SP’s profile. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the

Terms of Use that were in effect as of the date of your suspension or termination.

Linking Policies

The Site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked site.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of the Site, your submissions to the Site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site.

Jurisdictional Issues

We control and operate the Site from our facilities in India and, unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in India, its territories, possessions and protectorates. We do not represent that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Applicable Law; No Waiver; Severability

These Terms of Use, and the relationship between you and us, will be governed by the laws of India and state of Karnataka, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions reflected in such provision, and the other provisions of these terms and conditions will remain in full force and effect.

Disclaimer of Warranties

THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THE SITE AND ITS CONTENT AND ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE DOCUMENT PROVIDED OR GENERATED BY SPARKEMC, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

  • THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
  • THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
  • THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
  • THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
  • INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU),
  • OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER ABOUT YOUR SPECIFIC CIRCUMSTANCES, INCLUDING BEFORE STARTING ANY TREATMENT, MEDICAL OR OTHERWISE.

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.

IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.

YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD

PARTIES.

THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

Limitations of Liability

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT WILL WE, OUR PARENT ENTITY, OR ANY OF OUR RESPECTIVE SUBSIDIARIES OR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY (INCLUDING ANY RELEVANT STATUTES OF LIMITATION), ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.