TERMS AND CONDITIONS
Last updated
August 24, 2024
Created with the help of
Termly
AGREEMENT TO OUR LEGAL TERMS
We are
MacWeb ("Company," "we,"
"us," "our").
We operate the website
mac-web.github.io
(the
"Site"), as well as any other
related products and services that refer or link to these legal
terms (the "Legal Terms") (collectively,
the
"Services").
We provide a place where productivity and entertainment joins
seamlessly to make your online life easier and more
enjoyable.
You can contact us by
email at mac.web.company@gmail.com or by mail to
__________,
__________, __________.
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ("you"), and MacWeb, concerning your
access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound
by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING
THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Legal
Terms from time to time. We will alert you about any changes by updating the
"Last updated"
date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility
to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised
Legal Terms by your continued use of the Services after the date
such revised Legal Terms are posted.
The Services are intended for users who are at
least 13 years of age. All users who are minors in
the jurisdiction in which they reside (generally
under the age of 18) must have the permission of,
and be directly supervised by, their parent or
guardian to use the Services. If you are a minor,
you must have your parent or guardian read and
agree to these Legal Terms prior to you using the
Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to
any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the
Services from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service marks, and logos
contained therein (the
"Marks").
Our Content and Marks are protected by copyright and trademark
laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around
the world.
The Content and Marks are provided in or through the Services
"AS IS"
for your personal,
non-commercial use
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including
the "PROHIBITED ACTIVITIES"
section below, we grant you a non-exclusive, non-transferable,
revocable license
to:
-
access the Services; and
-
download or print a copy of any portion of the Content to
which you have properly gained access.
solely for your personal,
non-commercial use.
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal
Terms, please address your request to:
mac.web.company@gmail.com. If we
ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify
us as the owners or licensors of the Services, Content, or Marks
and ensure that any copyright or proprietary notice appears or
is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in and to
the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right
to use our Services will terminate immediately.
Your submissions
Please review this section and the
"PROHIBITED ACTIVITIES"
section carefully prior to using our Services to understand the
(a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other
information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and
be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment
or compensation to you.
You are responsible for what you post or upload:
By sending us Submissions
through any part of the Services
you:
-
confirm that you have read and agree with our
"PROHIBITED ACTIVITIES"
and will not post, send, publish, upload, or transmit through
the Services any Submission
that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;
-
to the extent permissible by applicable law, waive any and
all moral rights to any such Submission;
-
warrant that any such Submission
are original to you or that you have the necessary rights and
licenses
to submit such Submissions
and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions; and
-
warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible for your Submissions
and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section, (b)
any third party’s intellectual property rights, or (c) applicable
law.
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with
these Legal Terms;
(2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you
reside, or if a minor, you have received parental permission
to use the Services; (4) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise;
(5) you will not use the Services for any illegal or
unauthorized
purpose; and (6) your use of the Services will not violate any applicable
law or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
All purchases are non-refundable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase
and account information for all purchases made via the Services.
You further agree to promptly update account and payment
information, including email address, payment method, and
payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in __________.
You agree to pay all charges at the prices then in effect for
your purchases and any applicable shipping fees, and you
authorize
us to charge your chosen payment provider for any such amounts
upon placing your order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested
or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the
same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or
distributors.
You may not access or use the Services for any purpose other
than that for which we make the Services available. The
Services may not be used in connection with any commercial
endeavors
except those that are specifically endorsed or approved by
us.
As a user of the Services, you agree not to:
-
Systematically retrieve data or other content from
the Services to create or compile, directly or
indirectly, a collection, compilation, database, or
directory without written permission from us.
-
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive
account information such as user
passwords.
-
Circumvent, disable, or otherwise interfere
with security-related features of the Services,
including features that prevent or restrict the
use or copying of any Content or enforce
limitations on the use of the Services and/or
the Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Services.
-
Use any information obtained from the Services
in order to harass, abuse, or harm another
person.
-
Make improper use of our support services or
submit false reports of abuse or
misconduct.
-
Use the Services in a manner inconsistent with
any applicable laws or regulations.
-
Engage in
unauthorized
framing of or linking to the Services.
-
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other
material, including excessive use of capital
letters and spamming (continuous posting of
repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters,
or interferes with the use, features, functions,
operation, or maintenance of the Services.
-
Engage in any automated use of the system, such
as using scripts to send comments or messages,
or using any data mining, robots, or similar
data gathering and extraction tools.
-
Delete the copyright or other proprietary
rights notice from any Content.
-
Attempt to impersonate another user or person
or use the username of another user.
-
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as
"spyware" or
"passive collection mechanisms" or "pcms").
-
Interfere with, disrupt, or create an undue
burden on the Services or the networks or
services connected to the Services.
-
Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any
portion of the Services to you.
-
Attempt to bypass any measures of the Services
designed to prevent or restrict access to the
Services, or any portion of the Services.
-
Copy or adapt the Services' software, including
but not limited to Flash, PHP, HTML, JavaScript,
or other code.
-
Except as permitted by applicable law,
decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in
any way making up a part of the Services.
-
Except as may be the result of standard search
engine or Internet browser usage, use, launch,
develop, or distribute any automated system,
including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any
unauthorized
script or other software.
-
Use a buying agent or purchasing agent to make
purchases on the Services.
-
Make any
unauthorized
use of the Services, including collecting
usernames and/or email addresses of users by
electronic or other means for the purpose of
sending unsolicited email, or creating user
accounts by automated means or under false
pretenses.
-
Use the Services as part of any effort to
compete with us or otherwise use the Services
and/or the Content for any revenue-generating
endeavor
or commercial enterprise.
6. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit
or post content.
We may provide you with the opportunity to
create, submit, post, display, transmit,
perform, publish, distribute, or broadcast
content and materials to us or on the
Services, including but not limited to text,
writings, video, audio, photographs, graphics,
comments, suggestions, or personal information
or other material (collectively,
"Contributions"). Contributions may be viewable by other
users of the Services and through third-party
websites.
As such, any Contributions you transmit may be
treated in accordance with the Services'
Privacy Policy.
When you create or make available any
Contributions, you thereby represent and
warrant that:
-
The creation, distribution, transmission, public
display, or performance, and the accessing,
downloading, or copying of your Contributions do not
and will not infringe the proprietary rights,
including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third
party.
-
You are the creator and owner of or have the
necessary
licenses, rights, consents, releases, and permissions to use
and to
authorize
us, the Services, and other users of the Services to
use your Contributions in any manner contemplated by
the Services and these Legal Terms.
-
You have the written consent, release, and/or
permission of each and every identifiable individual
person in your Contributions to use the name or
likeness of each and every such identifiable
individual person to enable inclusion and use of your
Contributions in any manner contemplated by the
Services and these Legal Terms.
-
Your Contributions are not false, inaccurate, or
misleading.
-
Your Contributions are not unsolicited or
unauthorized
advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of
solicitation.
-
Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as
determined by us).
-
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
-
Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person
and to promote violence against a specific person or
class of people.
-
Your Contributions do not violate any applicable law,
regulation, or rule.
-
Your Contributions do not violate the privacy or
publicity rights of any third party.
-
Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
-
Your Contributions do not include any offensive
comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
-
Your Contributions do not otherwise violate, or link
to material that violates, any provision of these
Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among
other things, termination or suspension of your rights
to use the Services.
You and Services agree that we may access, store, process,
and use any information and personal data that you provide
following the terms of the Privacy Policy
and your choices (including settings).
By submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback for
any purpose without compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience
with the person/entity being reviewed; (2) your reviews should
not contain offensive profanity, or abusive, racist, offensive,
or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make
any conclusions as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8) you may not
organize
a campaign encouraging others to post reviews, whether positive
or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews
or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us,
and do not necessarily represent our opinions or the views of
any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby
grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right
and license
to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to
review.
9. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the
Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software,
and other content or items belonging to or originating from third
parties ("Third-Party
Content"). Such
Third-Party Websites and
Third-Party Content are
not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any
Third-Party Content
posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained
in the
Third-Party Websites or
the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites
or any
Third-Party Content
does not imply approval or endorsement thereof by us. If you
decide to leave the Services and access the
Third-Party Websites or
to use or install any
Third-Party Content, you
do so at your own risk, and you should be aware these Legal Terms
no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any
applications you use or install from the Services. Any purchases
you make through
Third-Party Websites
will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or
services offered on
Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase
of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any
Third-Party Content or
any contact with
Third-Party
Websites.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: mac-web.github.io/macblog/privacy.html
. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in
the
United States. If you access the Services
from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ
from applicable laws in
the
United States, then through your continued
use of the Services, you are transferring your data to
the
United States, and you expressly consent to
have your data transferred to and processed in
the
United States.
Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online
Privacy Protection Act, if we receive actual knowledge that
anyone under the age of 13 has provided personal information
to us without the requisite and verifiable parental consent,
we will delete that information from the Services as quickly
as is reasonably practical.
12. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times.
We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
14. GOVERNING LAW
These Legal Terms and your use of the Services are governed by
and construed in accordance with the laws of
the Commonwealth of Virginia
applicable to agreements made and to be entirely performed
within the Commonwealth of
Virginia, without regard to its conflict of law
principles.
15. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us
(collectively, the "Parties"
and individually, a "Party") shall be commenced or prosecuted in the
state and federal courts
located in
Arlington County,
Virginia, and the Parties
hereby consent to, and waive all
defenses
of lack of personal jurisdiction and forum non conveniens with
respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Legal
Terms.
16. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior
notice.
17.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the
Services; (2) breach
of these Legal Terms; (3) any breach of your representations and warranties set forth
in these Legal Terms; (4) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense
and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with
our defense
of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we
shall have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action against us
arising from any such loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic
means.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
23. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by
us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any
and all defenses
you may have based on the electronic form of these Legal Terms and
the lack of signing by the parties hereto to execute these Legal
Terms.
24. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us at:
MacWeb
mac.web.company@gmail.com
