Please read this Terms of Service ("Agreement") carefully before using any of the services provided by Avants Holdings LLC ("Company"). By using this website and the services of Company, you are agreeing to all the terms contained herein. If you do not agree to this Agreement, your only recourse is to not use the website or services of Company.

Company reserves the right to update this Agreement and any other legal policies at any time, at the sole discretion of Company, with or without notice to you. Any modification to our legal policies will take effect immediately. Your continued use and access to the website and services indicates that you agree to any and all modifications to our legal policies and acknowledge you will be bound to the terms contained therein.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Disclaimer

Company is not and does not hold itself out to be a party, in privity or the third, in any arrangements between or among members.  Company does not endorse or hold itself out to endorse any users.  In addition, Company is not an Auto Broker, Agent or Insurer. Company does not have control over the conduct of any member or any others that may use this site or Services provided by Company. Company expressly disclaims all liability in regard to the above. Accordingly, members are acting on their own behalf and at their own risk.

Key Terms

“Automobile” means a road vehicle with four wheels powered by an internal combustion engine or electric motor and able to carry one or more people.

“Company Content” means all Content that Company makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

“Collective Content” means Member Content and Company Content.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials.

“Listing” means a vehicle that is listed as available to share or exchange via the Company’s Services.

“Member” means a person who completes Company’s account registration process, including, but not limited to Owners or those in possession, as described under “Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.

“Party” or “Parties” means any Member or collection of Members utilizing Company’s services in any manner.

“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

Services

Company is in the business of connecting Members so that Members may share or exchange Automobiles for a period of time negotiated by the Parties (“Services”). Parties may engage Company for Services through Company’s website platform. Company reserves the right to inspect any Automobile listed via Company’s Services.

Members are encouraged to use Company’s Services as a means to build relationships with others, primarily for the purpose of sharing Automobiles and/or exchanging their Automobiles.  By registering as a Member, you are agreeing to be bound by all of the terms and conditions herein. Members are entitled to certain services subject to these Terms of Service, including the right to access Company’s website platform and to contact other Members.

If you have not elected to register as Member but use the Company’s website platform, you do so as a guest. Guests may be offered access to privileges that are similar to those offered to Members, but such access may be limited in Company’s sole and absolute discretion. When using any of Company’s Services, guests agree to comply with all of the requirements herein.

Insurance

If the state in which any Member’s Automobile is registered has a financial responsibility, compulsory insurance or similar law requiring a driver using a vehicle in that state to maintain insurance with limits of liability for bodily injury or property damage, that Member agrees to maintain insurance equal to or higher than the required limits with respect to said Automobile during any period any Automobile is shared or exchanged via Company’s Services.  Company does not provide insurance for any Member or any Member’s Automobile and specifically disclaims any obligation to purchase such insurance.

Forms

Any and all forms provided by Company, regardless of the nature of the form, or documentation, are provided as a template and are not to be considered representation or prepared for either party on behalf of Company.

Geographic Restrictions

Listing services are restricted to the continental United States.  Company’s Services are to be used to facilitate the sharing or exchanging of Automobiles within the continental United States, only. 

How Services Work

Members may use Company platform to list Automobiles available to share or exchange. Members may also use Company to search for potential Automobiles.  Members may receive private messages from any Member interested in sharing or exchanging Listed Automobiles.  Members will negotiate and set all periods of use and any restrictions on the operation of such Automobiles between them.

As stated above, Company is a platform with related technology for Members to meet online and arrange for sharing or exchanging of Automobiles.  Company is not an owner or operator of any Automobiles, component parts thereof, nor is it a provider of Automobiles and Company does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Automobiles, or transportation or travel services. Company’s responsibilities are limited to facilitating the availability of the Services.

During the period you share or exchange a Listed Automobile via Company’s Services the Member to whom the Listed Automobile is relinquished is deemed the “Possessor” of that Automobile.  Member further agrees that by sharing or exchanging an Automobile, the Member to whom an Automobile is relinquished is a permissive driver of that Automobile until it is returned to the listing Member.

You agree to be the sole driver of any shared or exchanged Automobile arranged via Company’s Services of which you are the Possessor, except for Automobiles for which you are the owner. You further agree to satisfy all traffic citations associated with the use of any Automobile arranged through Company’s services, including parking tickets and red light camera fines while a Possessor of any Listed Automobile.

You agree not to use any Automobile listed via Company’s Services, other than an Automobile for which you are the Owner, for commercial purposes.  “Commercial purposes” include common carrier services and ride sharing services such as Lyft and Uber, but not transporting a client incidental to your main business purpose.

You agree not to make any modifications to any Automobile listed via Company’s Services, other than an Automobile for which you are the Owner.  You further agree to refrain from smoking cigarettes, tobacco, drugs, or any other substance and to refrain from vaporizing the same in any Automobile listed via Company’s Services, other than an Automobile for which you are the Owner.  You further agree to prevent anyone else from smoking tobacco, drugs, or any other substance and to prevent anyone else from vaporizing the same in any Automobile listed via Company’s Services, other than an Automobile for which you are the Owner.

You further agree not to use any shared or exchanged Automobile arranged via Company’s Services, except for Automobiles for which you are the owner, in any racing activities.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE SHARING AND EXCHANGING OF AUTOMOBILES. COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY AUTOMOBILES. COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND AUTOMOBILES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER'S AND OWNER’S OWN RISK.

Account Registration

In order to list an Automobile as available to share or exchange, Members must sign up with an account through Company.  Members must create an account in order to use the Service provided by Company. Only account users will be able to contact other Members or request a share or exchange of a Listed Automobile.  Anyone may browse the site, as long as they are in compliance with these terms of service.  Accounts may be created through third party accounts such as Facebook or Google, or, parties have the option to create an account with a valid email address. Company reserves the right to terminate an account at any time with no notice you.

Automobile Listing

Owners may create a listing(s) for the Automobile(s) through their account when they log in. By listing an Automobile via Company’s Services, Members are agreeing to provide true and accurate information and are representing that the information that they are providing is accurate, that the photos contained in the listing are actual photos of the Automobile being listed, and that they are not misrepresenting their Automobile in any way through the listing.

You certify that you are in the owner of any Automobile you list via Company’s Services. If, at any time, you cease to own said Automobile, or the ownership status changes in any way, you must notify Company immediately. A copy of the vehicle’s title or registration may be required.

Company disclaims any responsibility for accuracy of the information provided by Members. Company reserves the right to edit any portion of the listing including the content or the photos contained and provided in the listing. Further, Company reserves the right to terminate any listing, without notice to you, either temporarily or permanently, if Company believes that any of the information whether content or photos are inaccurate and/or misrepresent the Automobile in any way.

Accuracy of Information

Although these Terms require all Members to provide accurate information, Company does not warrant any Member’s purported identity or other information provided by a Member. It is your sole responsibility to confirm the identity and suitability of others who you contact via the Company’s Services. Except as provided by this Agreement, we will not be responsible for any damage or harm resulting from your interactions with any Member through this website or Company’s Services.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Members or other third parties will be limited to a claim against the particular Member or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Company with respect to such actions or omissions.

Financial Terms

The Company does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Company reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Services. Please note that Company will provide notice of any such additional fees via the Services, prior to implementing such fees.

Taxes

You understand and agree that you are responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors.  Company does not offer Tax-related advice to any users of the Site.  Additionally, note that each Member is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or other obligations relating to applicable Taxes.

Termination

A Member or other third party may terminate this Agreement with Company at any time with written notice of intent to cancel. Company may terminate this Agreement at any time for any reasoning, with no notice to Members. Upon termination or expiration of this Agreement, the following provisions shall survive: Reservation of Rights, Confidential and Proprietary Information, Disclaimer of Warranty, Limited Warranty, Limitation of Liabilities, Survival, and Miscellaneous Provisions.

Verification of Driving Records

Company may, at its sole discretion, utilize a variety of techniques, services, and/or third-party vendors to verify the accuracy of the information that is provided by Members when they register on the Site, including, but not limited to, driving records, state issued driver’s licenses, and available insurance.  By registering asMember and using this website and/or the services of Company, you are agreeing that Company may verify information as described herein.

Damage

Member may be held liable for bodily injury, property damage, personal injury, and/or advertising injury arising out of the use of any Listed Automobile while a Possessor of that Automobile, some or all of which may ultimately be covered by the Insurance described above.  These terms of Service are not intended to, and do not, supplant the rights and remedies under applicable law, except as specifically stated in these Terms of Service.

Member agrees that to the extent insurance does not apply or is inapplicable, he/she will pay the owner of any Listed Automobile for any bodily injury, property damage, personal injury, and/or advertising injury arising out of the use of any Listed Automobile while he/she a Possessor of that Automobile.

Member further acknowledges that Automobiles incur wear and tear as a natural consequence of use.  The cost of this normal wear and tear during the period a Listed Automobile is shared or exchanged is not the responsibility of a Member while in possession of a Listed Automobile, except for Automobiles for which you are the owner.    

However, Member specifically agrees that he/she will pay the owner of a Listed Automobile for wear and tear incurred during the period a Listed Automobile is shared or exchanged in excess of normal wear and tear that is not covered by applicable insurance, is within the deductible or self-insured retention of potentially applicable insurance, or for which the Automobile owner elects not to make a claim against insurance.  Excess wear and tear includes but is not limited to:  rips, tears, burns, or punctures in any interior surface; carpet stains other than on replaceable floor mats; concentrated scratches and scuffs in interior surfaces; exterior dents and scratches that cannot be removed without repainting the vehicle (excluding hail damage or extensive hail like damage); damage other than minor scratches to wheels; and any accumulation of hair on interior surfaces, particularly pet hair. 

Premium Reimbursement

Company agrees that if a Member’s primary automobile liability and/or property insurance premium increases as a direct consequence of property damage, bodily injury, advertising injury, or personal injury during the period a Listed Automobile is shared or exchanged via Company’s Services with any other Member that is not in the same household, Company will reimburse Member the amount of any such premium increase within thirty (30) days of the premium due date for a period not to exceed two (2) years and in an amount never to exceed a combined $2,000 per Member, provided the Member claiming reimbursement under this section first provides Company with: (1) billing statements generated by an insurer immediately before and immediately after any claimed premium increase; (2) proof that Member claiming a premium reimbursement had paid all premium amounts due before each increase; and (3) a premium calculation worksheet generated by an insurer or its agent for any eligible policy that documents the reason(s) for each and every premium increase.     Company recommends requesting the premium calculation worksheet from Member’s insurance broker or agent.  

COMPANY IS NOT AN INSURER, GUARANTOR, INDEMNITOR, OR SURETY.  COMPANY IS ALSO NOT AN INSURANCE BROKER, AGENT, OR OTHER REPRESENTATIVE OF ANY INSURANCE COMPANY.  NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS PROVIDING ANY INSURANCE OR OTHER INDEMNIFICATION TO ANY MEMBER.  BY MAKING THIS AGREEMENT COMPANY OFFERS ONLY REIMBURSEMENT OF ELIGILBE PREMIUM INCREASES UPON PROOF OF PAYMENT BY MEMBER AND SATISIFCATION OF ALL OTHER REQUIREMENTS. 

Reservation of Rights

Company expressly reserves all rights in the Service and all other materials provided by Company hereunder not specifically granted to a Member or third party. It is acknowledged that all right, title and interest in the Service and all other materials provided by Company hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Company and that the Service and all other materials provided by Company hereunder are licensed on a services subscription basis and not “sold” to any Member(s). Names, logos, and other materials displayed on the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Company or other entities. Members are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Company. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by this Agreement.

Confidential and Proprietary Information

To the extent Confidential Information is disclosed, the Company and Member shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not disclose Confidential Information to anyone except as required by law.

This Agreement does not give a Member any rights in Company's intellectual property or technology. Company and related trademarks and logos are the exclusive property of Company. Company and Member agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Company from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

Disclaimer of Warranty

The Services provided under this Agreement are provided on an as is, as available basis. Company does not make any warranties that the Services will be successful or error free; nor do they make any warranties as to the results that may be obtained as to accuracy, reliability or content of any information, services or merchandise contained in or provided through the services.

COMPANY IS NOT LIABLE AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM MEMBERS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PERSON WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

Limited Warranty

Company represents and warrants to Member that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Company generally to its other Members for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions.

The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Company’s reasonable control; (b) that resulted from any actions or inactions of Member or any third parties; or (c) that resulted from Member’s equipment or any third-party equipment not within the sole control Company. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY OFFER PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND COMPANY HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO MEMBER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, NEITHER COMPANY NOR MEMBER SHALL BE LIABLE IN ANY WAY TO COMPANY OR ANY OTHER MEMBER FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER.

The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct.

Notwithstanding anything to the contrary in this Agreement, Company maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by the Member which gave rise to such damages, losses and causes of actions.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

Indemnification

Member agrees to indemnify, defend and hold harmless Company and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed against any indemnified parties by another Member or by a third party arising out of or relating to the terms of this Agreement. The terms of this section shall survive any termination of this Agreement.

Waiver of Jury Trial

Both Member and Company hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and Company each acknowledge that the waiver is a material inducement for each, that each party has already relied on the waiver in entering into this Agreement and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have counsel review this Agreement and this waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to this Agreement. In the event of litigation, this Agreement may be filed as written consent to a trial by court.

Miscellaneous

Independent Contractor. Company and Member are independent contractors and nothing contained in this Agreement places Company and Member in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Washington. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this agreement must be brought in a state or federal court located in King County, Washington. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

The term of this Agreement shall become effective upon the date of which Services for a Member begin. Unless and until Membership is cancelled or terminated, this Agreement shall remain in effect.

Headings. The headings herein are for convenience only and are not part of this Agreement.

Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Member or Company, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Party and Company. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Company in its sole discretion, which modifications will be effective when posting to Company Web site or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.

Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Notices. All notices and demands required or contemplated hereunder by one party to the other, including among Members or by and between the Company and a Member or Members, shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Company may give written notice to Party via electronic mail to the Party's electronic mail address as maintained in Company’s billing records.

Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors. Party may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Party. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.

Violation of the Terms. You understand and agree that in the sole discretion of Company and without prior notice, Company may terminate your access to the Site, cancel your Account or exercise any other remedy available and remove any unauthorized content, if Company believes that the content you provided has violated or is inconsistent with these Terms of Use. You agree that monetary damages may not provide a sufficient remedy to Company for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Company may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Company is not required to provide any refund to you if you are terminated as a user because you have violated these Terms of Use.

Copyright Policy. We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred

Links. The Site may automatically produce search results that reference or link to third party sites. Company has no control over these sites or the content within them. Company cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Company does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Company for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us, and we will investigate your claim and take any actions we deem appropriate at our sole discretion.

Limitations on Communications and Use of Other Users’ Information; No Spam. You agree that, with respect to other Member’s personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for using services offered through the Site. You may not use any such information for any unlawful purpose or with any unlawful intent. We do not tolerate spam or unsolicited commercial electronic communications of any kind. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.

Member Content and Feedback. From time to time, Company, in its sole discretion, may permit Members or other third parties to post, upload, publish, submit, or transmit Content via Company’s Services.

By making available any Content on or through the Site, Application and Services, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise.

You acknowledge and agree that you are solely responsible for all Content that you make available through Company’s Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of Content or Company’s use of the Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS OF SERVICE AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THESE TERMS OF SERVICE THAT MAY BE POSTED ON THE WEB SITE.