Last updated on
16 January 2022
These Terms of Service
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity ("you") and GEYSERHOST ("we,""
"us" or "our"), concerning your access to and use of the geyser.host website as well as any other media form,
media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the "Site"). We are registered in
Singapore. Our UEN number is 53443308A. You agree that by accessing the Site,
you have read, understood and agreed to be bound by
all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF
SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY. Thus, it's important that you read this
carefully and understand the Terms of Service. We try to
keep things as easy and simple as we can, but since this is a legal document,
it's longer than we would like it to be.
You agree that by accessing
the Site, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly
prohibited from using the Site and you must discontinue use immediately.
Supplemental Terms of Service
or documents that may be posted on the Site 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 Terms of Service at any
time and for any reason.
We will alert you about any
changes by updating the "Last updated" date of these Terms of Service, and you
waive any right to receive specific notice of each such change.
It is your responsibility to
periodically review these Terms of Service 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 Terms of Service
by your continued use of the Site after the date such revised Terms of Service
are posted.
The information provided on
the Site 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 Site 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.
These terms of service
were created using Termly.
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 Site. If you are a minor, you must have your parent or guardian read
and agree to these Terms of Service prior to you using the Site.
Unless otherwise indicated,
the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the "Content") and the trademarks, service
marks, and logos contained therein (the "Marks") are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the United
States, foreign jurisdictions, and international conventions.
The Content and the Marks are
provided on the Site "AS IS" for your information and personal use only. Except
as expressly provided in these Terms of Service, no part of the Site 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.
Provided that you are
eligible to use the Site, you are granted a limited license to access and use
the Site and to 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.
We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you
represent and warrant that:
(1) all registration
information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as
necessary;]
(3) you have the legal capacity and you agree to comply with these Terms of Service;
(4) you are not a minor in
the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site;
(5) you will not access the
Site through automated or non-human means, whether through a bot, script, or otherwise;
(6) you will not use the Site
for any illegal or unauthorized purpose;
(7) your use of the Site 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 Site (or any portion thereof).
You may be required to
register with the Site. You agree to keep your password confidential and will
be responsible for all use of your account and password. We reserve the right
to remove, reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
You may not access or use the
Site for any purpose other than that for which we make the Site available. The
Site 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 Site, you
agree not to:
1.
systematically retrieve data or other content
from the Site to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
2.
make any unauthorized use of the Site, 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.
3.
use a buying agent or purchasing agent to make
purchases on the Site.
4.
use the Site to advertise or offer to sell goods
and services.
5.
circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
6.
engage in unauthorized framing of or linking to
the Site.
7.
trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as user passwords;
8.
make improper use of our support services or
submit false reports of abuse or misconduct.
9.
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.
10.
interfere with, disrupt, or create an undue
burden on the Site or the networks or services connected to the Site.
11.
attempt to impersonate another user or person or
use the username of another user.
12.
sell or otherwise transfer your profile.
13.
use any information obtained from the Site in order to harass, abuse, or harm another person.
14.
use the Site as part of any effort to compete
with us or otherwise use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
15.
decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site.
16.
attempt to bypass any measures of the Site
designed to prevent or restrict access to the Site, or any portion of the Site.
17.
harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of the Site to you.
18.
delete the copyright or other proprietary rights
notice from any Content.
19.
copy or adapt the Site's software, including but
not limited to Flash, PHP, HTML, JavaScript, or other code.
20.
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 Site or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Site.
21.
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"), 1x1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms"").
22.
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 Site, or using or
launching any unauthorized script or other software.
23.
disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
24.
use the Site in a manner inconsistent with any
applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site 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 Site, 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 Site and through third-party websites. As
such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
1.
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.
2.
you are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to use and to
authorize us, the Site, and other users of the Site to use your Contributions
in any manner contemplated by the Site and these Terms of Service.
3.
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 Site and these Terms of Service.
4.
your Contributions are not false, inaccurate, or
misleading.
5.
your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
6.
your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
7.
your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
8.
your Contributions do not advocate the violent
overthrow of any government or incite, encourage, or threaten physical harm
against another.
9.
your Contributions do not violate any applicable
law, regulation, or rule.
10. your
Contributions do not violate the privacy or publicity rights of any third
party.
11. your
Contributions do not contain any material that solicits personal information
from anyone under the age of 18 or exploits people under the age of 18 in a
sexual or violent manner.
12. your
Contributions do not violate any federal or state law concerning child
pornography, or otherwise intended to protect the health or well-being of minors;
13. your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
14. your
Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Service, or any applicable law or regulation.
Any use of the Site in violation
of the foregoing violates these Terms of Service and may result in, among other
things, termination or suspension of your rights to
use the Site.
You and the Site 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 Site, 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 Site.
You are solely responsible
for your Contributions to the Site and you expressly agree to exonerate us from
any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
As part of the functionality
of the Site, you may link your account with online accounts you have with
third-party service providers (each such account, a �Third-Party Account�) by
either: (1) providing your Third-Party Account login information through the
Site; or (2) allowing us to access your Third-Party Account, as is permitted
under the applicable Terms of Service that govern your use of each Third-Party
Account.
You represent and warrant
that you are entitled to disclose your Third-Party Account login information to
us and/or grant us access to your Third-Party Account, without breach by you of
any of the Terms of Service that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider of the
Third-Party Account.
By granting us access to any
Third-Party Accounts, you understand that (1) we may access, make available,
and store (if applicable) any content that you have provided to and stored in
your Third-Party Account (the "Social Network Content") so that it is available
on and through the Site via your account, including without limitation any
friend lists and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account.
Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set in
such Third-Party Accounts, personally identifiable information that you post to
your Third-Party Accounts may be available on and through your account on the
Site.
Please note that if a
Third-Party Account or associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the
Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review
any Social Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for any
Social Network Content.
You acknowledge and agree
that we may access your email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those contacts who have
also registered to use the Site.
You can deactivate the
connection between the Site and your Third-Party Account by contacting us using
the contact information below or through your account settings (if applicable).
We will attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and profile
picture that become associated with your account.
You acknowledge and agree
that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you.
You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such Submissions
are original with you or that you have the right to submit such Submissions. You
agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
The Site 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 Site or any Third-Party Content
posted on, available through, or installed from the Site, 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 Site 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 Terms of Service 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 Site or relating to any
applications you use or install from the Site. 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 harmless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us harmless 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.
We reserve the right, but not
the obligation, to:
(1) monitor the Site for
violations of these Terms of Service;
(2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Terms
of Service, 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
Site or otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems;
(5) otherwise manage the Site
in a manner designed to protect our rights and property and to facilitate the
proper functioning of the Site.
We care about data privacy
and security. By using the Site, you agree to be bound by our Privacy Policy
posted on the Site, which is incorporated into these Terms of Use. Please be
advised the Site is hosted on our servers in Japan and United Arab Emirates. If
you access the Site 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 Japan and United Arab Emirates, then through your
continued use of the Site, you are transferring your data to and processed in
Japan and United Arab Emirates, and you agree to have your data transferred to
and processed in Japan and United Arab Emirates.
These Terms of Service shall
remain in full force and effect while you use the Site. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(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 TERMS OF SERVICE OR OF ANY APPLICABLE
LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE YOUR ACCOUNT AND 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.
We reserve the right to
change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time.
We will not be liable to you
or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site
will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Site, resulting in interruptions, delays, or errors.
We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Site 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 Site during any downtime or discontinuance of
the Site.
Nothing in these Terms of
Service will be construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection therewith.
These Terms of Service and
your use of the Site are governed by and construed in accordance with the laws
of the State of [name of state] applicable
to agreements made and to be entirely performed within the State/Commonwealth
of [name of state], without regard to its conflict of law principles.
These Terms shall be governed
by and defined following the laws of Singapore. GEYSERHOST and yourself
irrevocably consent that the courts of Singapore shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these
terms.
To expedite resolution and
control the cost of any dispute, controversy, or claim related to these Terms
of Service (each a "Dispute" and collectively, the "Disputes")
brought by either you or us (individually, a "Party" and collectively, the
"Parties"), the Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.
Any dispute arising out of or
in connection with this contract, including any question regarding its
existence, validity, or termination, shall be referred to and finally resolved
by the International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the
Rules of this ICAC, which, as a result of referring to
it, is considered as the part of this clause. The number of arbitrators shall
be one (1). The seat, or legal place, of arbitration shall be Singapore. The
language of the proceedings shall be English (UK). The governing law of the
contract shall be the substantive law of Singapore.
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public
or any other persons.
The Parties agree that the
following Disputes are not subject to the above provisions concerning [informal
negotiations and] binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief.
If this provision is found to
be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
There may be information on
the Site that contains typographical errors, inaccuracies, or omissions that
may relate to the Site, 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 Site
at any time, without prior notice.
THE SITE IS PROVIDED ON AN
AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
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 SITE 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
SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE 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 SITE,
(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 SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE 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 SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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.
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 SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
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 Site; (2) breach of these Terms of Service; (3) any breach of your
representations and warranties set forth in these Terms of Service; (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 Site with whom you connected via the Site.
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.
We will maintain certain data
that you transmit to the Site for the purpose of managing the Site, as well as
data relating to your use of the Site. 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 Site.
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.
Visiting the Site, 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 Site, 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 SITE.
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.
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.
These Terms of Service and
any policies or operating rules posted by us on the Site constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Terms of Service shall not operate as a
waiver of such right or provision.
These Terms of Service 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 Terms of Service is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Service 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 Terms of Service or use of the Site. You
agree that these Terms of Service 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 Terms of Service and the lack of signing by the parties hereto to
execute these Terms of Service.
In order
to resolve a complaint regarding the Site or to
receive further information regarding use of the Site, please contact us at:
GEYSERHOST
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