Terms of Use
Last Updated: January 20, 2022
Welcome to Host Flippers, the leading marketplace for buying and selling web hosting businesses online.
This Terms of Use Agreement ("Agreement") contains important provisions regarding the use of hostflippers.com (the "Website") and all other services, including the brokerage services to sell assets related to a website or other online business through Host Flippers (the "Services"). You should review this Agreement carefully before deciding whether to use Host Flippers' Services, including but not limited to listing assets or purchasing assets through the Services. If you do not agree to the terms contained within this Agreement, you should not use Host Flippers' Services or Website.
This Agreement is a legally binding contract and you have a duty to read this agreement before using the website or services. If you do not agree to the terms of this Agreement, you must immediately cease your use of the Website or Services. Host Flippers reserves the right to modify, amend, replace, suspend, or terminate this Agreement at any time and within its sole discretion. In the event Host Flippers modifies, amends, or replaces this Agreement, the "Last Updated" date, located above, will change. Your use of the Website or Services after a change in the effective date constitutes your acquiescence to and acceptance of any modification, amendment, or replacement.
1. Privacy
Please review our Privacy Policy, which also govern your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our web pages. Host Flippers will collect your personal information including your name, contact details, and payment details (including, without limitation, credit card details). All personal information will be handled, used, maintained, and disclosed by Host Flippers in accordance with all applicable privacy laws and data protection laws as well as our Privacy Policy which applies from time to time. Unless separately agreed between you and another buyer or seller, you must not use their personal information for any other purpose. You warrant to Host Flippers that you will comply with all privacy laws and data protection laws in relation to the storage, use, and transfer of personal information.
Thank you for being responsible.
2. Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by submitting a request through the contact form on our website.
3. Your Account
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
By registering an account as an individual or on behalf of a business, organization or other legal entity, you represent and warrant that you have the authority to form legally binding agreements for that entity. You may have only one account unless authorized by Host Flippers in writing.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
4. ID Verification
You may be asked to produce proof of identity or other types of identity verification in order to access or utilize parts of the Host Flippers' Services. You agree to supply all identity documents (including but not limited to copies of passports and/or government-issued driver's licenses) that Host Flippers or any third party providing products or services to Host Flippers may request from time to time for the purposes of verifying your identity ("Verification Process").
Sellers shall complete the Verification Process before the release of the Purchase Price. Buyers shall complete the Verification Process before funding a transaction.
Any reference to a buyer or seller being "verified" refers only to the fact that the buyer or seller has completed a relevant verification or identification process. Any such description does not imply that Host Flippers endorses, certifies, or guarantees any buyer or seller, including their identity, background, or whether they are trustworthy, safe, or suitable in any way.
5. Purchases
If you wish to purchase any product or service made available through Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
6. Subscriptions
Some parts of Service are billed on a subscription basis ("Subscription(s)""). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Host Flippers cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Host Flippers customer support team.
A valid payment method, such as credit card or PayPal, is required to process the payment for your subscription. You shall provide Host Flippers with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Host Flippers to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Host Flippers will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
7. Fee Changes
Host Flippers, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Host Flippers will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
8. Refunds
Except when required by law, paid Subscription fees are non-refundable.
9. Host Flippers' Role
Host Flippers' Services can be used by third-party sellers to list and sell their assets. Host Flippers does not own, create, sell, or control any of the businesses or assets listed on the Website. While Host Flippers help facilitate transactions on the Website, they are neither a buyer nor a seller in any transaction involving the seller's assets or any other transaction involving users of the Services.
Host Flippers provides a marketplace where buyers and sellers can negotiate and complete transactions. As a result, the contract reached between the sellers and buyers regarding the seller's assets is solely between the buyer and seller. Host Flippers is not a party to this contract and takes no responsibility for the contract and/or transaction. Host Flippers does not act as an agent for the buyer or seller. The seller is solely responsible for the sale of their assets, and the buyer is solely responsible for the purchase of the assets.
By using the Services, buyer and seller acknowledge that in the event of a dispute between a buyer and seller, Host Flippers is not a party to any transaction among the parties and therefore will not participate in any such dispute, except as follows. Buyer and seller acknowledge and agree that Host Flippers may, upon receiving notice of a dispute from either party, and only prior to the shipping and/or delivery of the assets or under any circumstance where the following is not possible, choose in its sole and absolute discretion to cancel the transaction. In such an event buyer and seller acknowledge and agree that neither party shall have any cause of action against Host Flippers.
Host Flippers is not responsible for:
- the existence, quality, suitability of legality of a listed asset;
- the truth, accuracy or completeness of the information contained in a listing;
- the future performance of a listed asset;
- the performance or conduct of a buyer or seller or third-party on the Website; and/or
- the quality, suitability or ability of a third party which provides goods or services to Host Flippers or to a buyer or seller.
Your decision to purchase a listed asset shall be based solely on your own investigation and that of your legal, tax and other advisors. You accept sole responsibility for examining and investigating an asset and all information in a listing. This includes, but is not limited to, associated liabilities, financial statements, tax returns and any other facts or information which may impact your decision to purchase that listed asset and the price you are willing to pay. You understand that Host Flippers may display only a summary description of a listed asset.
To help facilitate a safe, secure transaction Host Flippers makes available various legal document templates that can be used as-is or modified to your needs. You acknowledge that you use these documents at your own risk. You agree that Host Flippers has not in any way provided legal or financial advice by providing these documents or made representations or warranties that they are suitable for your requirements or needs and may not be appropriate or suitable to the sale or purchase of a particular asset. Host Flippers recommends all parties seek their own independent legal advice in relation to the documents.
10. Listing Rules
The first step to listing a business for sale is submitting information regarding the business to Host Flippers who, in its sole discretion, will approve or reject the business for listing on the Website and participation in the Services. Host Flippers reserves the right to reject any submission for any reason or no reason at all.
When you create a listing, you will be asked to provide complete and accurate information about your asset, including, but not limited to a business description and current and historical financial data. You are responsible for your listing and for keeping the information up to date at all times. You will also be asked to set an asking price and an optional reserve price.
Sellers agree to be cooperative and provide reasonable assistance while the business is being evaluated, including but not limited to answering inquiries from potential purchasers or Host Flippers within forty-eight hours, and acting in a professional and courteous manner at all times. The seller agrees to direct all third-party communication regarding the sale of its assets or business to Host Flippers.
You warrant and represent to Host Flippers and to each buyer that:
- you have clear and unencumbered title to the business or assets to be sold, including all intellectual property rights;
- you have not placed the assets to be sold subject to a mortgage, pledge, lien, or encumbrance, except for those taxes which shall be prorated as of the Sale Date;
- you and the Assets are not subject to any voluntary or involuntary petition or proceeding under any bankruptcy, reorganization, insolvency, or similar law relating to the relief of creditors or debtors;
- the information you have provided to Host Flippers in connection with the assets or business is true, accurate, current, and complete, and you have not omitted any material information regarding the performance or value of the assets;
- the asset is transferable to a buyer; and,
- to the best of Your knowledge, there is no lawsuit or pending claim or charge against the business.
11. Fees
11.1 Listing Fees
You may be charged a listing fee when you list an asset for sale. You will only be charged a fee for creating a listing; there is no fee for editing a listing. You will be charged a fee whether or not the listed asset sells. Listing fees are non-refundable.
The listing fee is currently: USD $0.00
Additional visibility upgrades and promotional packages may be offered from time to time.
11.2 Success Fees
If you successfully sell a listed asset to a buyer who becomes aware of your listing and/or connects or engages with you via our Website, you agree to pay Host Flippers a success fee (commission) which is calculated as a percentage of the total transaction value or final purchase price paid by the buyer for your listed asset (including any applicable taxes). Our success fee is non-negotiable and non-refundable. Host Flippers reserves the right to change the success fee at any time and will provide you with adequate notice of those changes before they become effective.
The rates are currrently as follows:
10% success fee if the purchase price is less than $100,000.
7.5% success fee if the purchase price is $100,000 or more.
The success fee will be deducted from the purchase price before the funds are released to the seller.
11.3 Escrow Fees
Host Flippers have partnered with Escrow.com to provide escrow services to facilitate payment between a seller and buyer. The escrow fee can be paid by either the buyer, the seller or split 50/50, based on what option the seller selects. The escrow fee is a percentage of the purchase price, as determined by our escrow partner. Refer to Escrow.com's Fee Calculator for the current fees.
11.4 Unlock Fees
Prospective buyers must unlock a listing in order to access confidential information about the business and be able to make offers and contact the seller. The unlock fee, if applicable, will be shown during checkout.
12. Unlocking A Listing
Host Flippers only discloses non-public information relating to a specific Business after a User has "Unlocked" that information by consenting to this Agreement and following the process to Unlock the lsting as displayed on the Website, which may be amended from time to time, and may or may not include a process to submit a payment to Host Flippers. By Unlocking a listing, the User is given access to Confidential Information, as per Section 19, and agrees to comply with the integrated Non-Disclosure Agreement (NDA).
A User is required to specifically Unlock each listing it is interested in purchasing. Businesses that a User or Buyer has Unlocked are referred to as the Unlocked Businesses. Users shall be defined to include individuals acting on behalf of a business entity or another person, and agree this Agreement constitutes a legal, valid, and binding agreement.
13. Making Offers To Purchase A Business
A buyer can offer to purchase the asset contained in a listing by placing a bid. A seller can accept, reject or counter any offer. If you are a buyer and have placed an offer, you acknowledge and agree that should the seller accept that offer, you are committing to purchase the asset and may be required to pay for it. If you are a seller and have accepted an offer, you acknowledge and agree that you are committing to sell the listed asset to the buyer.
Buyer and Seller understand and agree they are obligated to fulfill the purchase of the business if its offer is accepted, including but not limited to the payment of the purchase price, completing the migration process, and completing all other obligations of this Agreement.
When creating a listing, the Seller decides whether the bidding process should be private or public.
With private bidding, only the Seller is able to see the bids placed on a listing. When placing a bid, Buyers only see the asking price (and reserve price, if applicable), and have no way of knowing whether any other offers have been submitted for the business. The seller may accept an offer anytime, which will immediately prevent further bids from being placed.
With public bidding, the Seller and all users who have Unlocked the listing are able to see the bids placed on the listing. Bids can be placed on a listing, provided it is higher than the current bid and it exceeds the reserve price set by the Seller. Once a new bid is placed, all current bidders will be notified by email. The seller may accept a bid no earlier than twenty-four (24) hours after it was placed to ensure that other Buyers are given sufficient time to counter the offer.
When placing a bid there is a sliding minimum increment as denoted below:
Current bid amount | Minimum increment |
---|---|
< $1,000 | $50 |
$1,000 – $9,999 | $250 |
$10,000 – $99,999 | $1,000 |
<$100,000 – $999,999 | $5,000 |
$1,000,000+ | $25,000 |
14. Marketplace Circumvention
All inquiries and discussions regarding a listed asset must be conducted through the Host Flippers Website unless expressly authorized otherwise. Buyers are prohibited from using information obtained from Host Flippers or the seller to circumvent Host Flippers or its Services in any manner, including, but not limited to, by making direct offers to purchase the business or assets from the seller outside of Host Flippers' terms, process, or knowledge.
15. Payment Processing
Host Flippers is not an escrow service and does not hold property on behalf of any person. Host Flippers is not a payment provider. For the purposes of facilitating a transaction, any and all payment processing services through or in connection with your use of the Host Flippers Services are provided to you by one or more independent third-party service provider, as appropriate. You hereby consent and authorize Host Flippers to share any information and payment instructions you provide with any third-party service provider(s).
16. Valuation Calculator
You are solely responsible for setting a price for your listed asset. To help you determine an appropriate price, Host Flippers makes a valuation calculator. You acknowledge and agree that any valuation produced by the Host Flippers' Valuation Tool is an estimate only and must not be construed as or relied upon as a professional valuation. The valuation is generated by a mathematical model in reliance on available data, without an in-depth analysis of the asset and without having regard to market conditions or features which may affect the value and saleability of the asset.
17. Due Diligence
The buyer understands and agrees that it is solely responsible for investigating all aspects of any purchase of assets, including but not limited to independently reviewing financial information, market circumstances, operational issues, supplier contacts, and other factors pertaining to the overall functioning of the business. The buyer is advised to not only rely on the information provided by Host Flippers, but to supplement that information with its own investigation, including asking the seller specific questions regarding the business and the information disclosed in the sales process. Host Flippers makes no representation or guarantee regarding the future performance of any asset or business.
18. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Host Flippers has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Host Flippers or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
19. Confidential Information
In order to list an asset for sale on Host Flippers, you will be asked to provide certain non-public, proprietary information to Host Flippers relating to the asset/s you wish to list for sale including, but not limited to: (i) information expressly marked or disclosed as confidential, (ii) all forms and types of financial, traffic, user, and/or other business information, (iii) any and all details relating to the assets of an applicable business listing, including the URL, if relevant; (iv) the seller's profits and losses or balance statement, and (v) any other information related to the assets or business.
Seller's Confidential Information will at all times be, and will at all times remain, your property and all applicable rights, including, but not limited to, all intellectual property rights, right of publicity, or other personal or proprietary rights embodied in the Confidential Information will remain with the seller.
Host Flippers agrees that it will treat all such Seller Confidential Information as confidential and will not disclose such Seller Confidential Information to any third party except: (i) Host Flippers will provide this information to buyers who has signed the integrated NDA as part of the unlock process consistent with this Agreement, Section 12. (ii) Host Flippers may disclose the Seller Confidential Information to its employees, agents, attorneys, accountants, officers, and directors ("Representatives") in connection with Host Flippers' Services, or (iii) in the event that Host Flippers is required to disclose any Confidential Information, and, when possible pursuant to statutory or regulatory authority, Host Flippers will provide you with prompt written notice so that you may seek a protective order or waive compliance by Host Flippers with these Terms. If, in the absence of a protective order or the receipt of a waiver hereunder, Host Flippers is nonetheless, on the advice of its counsel, legally required to disclose your Confidential Information, Host Flippers may disclose such information without liability hereunder.
A Buyer shall not use Confidential Information for any purpose other than to evaluate the Business and Assets for purchase. A Buyer will prohibit all third-parties that come into possession of the Confidential Information as a result of their access to it from using it for any purpose other than to evaluate the Business for purchase, including agents, financial advisors, employees, contractors, officers, and directors (collectively, "Representatives"). Buyer is prohibited from using the Confidential Information to circumvent Host Flippers or its Services in any manner, including, but not limited to, by making direct offers to purchase the Business or Assets from Seller outside of Host Flippers terms, process, or knowledge. Buyer is strictly prohibited from using the Confidential Information to obtain non-public information from a competitor, to form a competing business, to register domain names pertaining or related to the Assets or Business, to obtain keyword lists, user lists, or traffic numbers, or to take any other actions by which Buyer or any other party under Buyer's ownership or control uses the Confidential Information for purposes outside of the evaluation of the Business for purchase.
20. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
- In any way that violates any applicable national or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
- Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real time activities through Service.
- Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
- Use any device, software, or routine that interferes with the proper working of Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
- Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify Company rating.
- Otherwise attempt to interfere with the proper working of Service.
21. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that
tracks and reports website traffic. Google uses the data collected to
track and monitor the use of our Service. This data is shared with
other Google services. Google may use the collected data to
contextualise and personalise the ads of its own advertising network
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
22. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via contact form on our website, and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
23. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
24. Error Reporting and Feedback
You may provide us information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
25. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Host Flippers.
Host Flippers has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT HOST FLIPPERS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
26. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
27. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
28. Governing Law
These Terms shall be governed and construed in accordance with the laws of State of Delaware, USA, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
29. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
30. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
31. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
32. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
33. Contact Us
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