Terms of Use and Services
Thank you for using Frenchyou!
Please read these Terms of Service ("Terms" or "Terms of Service") carefully before using any websiteof Frenchyou website (the “Platform”, “the Services”, “the Service” or “Frenchyou”) operated by Frenchyou OÜ and its subsidiaries ("us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as a user of the Services. We may update these Terms by posting an updated version to our website (“Site”) here
Your access to and use of the services (the “Services”) we make available to you on the Platform is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services. By accessing or using the Services, you agree to be bound by these Terms and to receive all communications and notices from us electronically. If you disagree with any part of the Terms, then you do not have our permission to access the Service. If you have questions about these Terms, you can take contact with us at [email protected].
If you are accessing or using the Services on behalf of a business or other legal entity (“Business”), (i) you represent that you are authorized to enter into, and bind the Business to these Terms and register for the Services; and (ii) the Business is legally and financially responsible for your access to and use of the Services, as well as for the use of the Services by others affiliated with you, including any employees, agents or contractors.
Subject to these Terms, Frenchyou allows you to access and use the Platform and/or Services on an exclusive basis solely for you or the Business’, as applicable, internal business purposes. Frenchyou may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice.
Use of and access to the Platform and/or Services is void where prohibited by law. By using the Services, you (where relevant on behalf of the applicable Business) represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; (d) will not add any Personal Data (as defined in the DPA) of any third-party (“Third-Party“) to the Services, without the prior consent of the applicable Third-Party, and shall ensure that a record of such consents is maintained, all as required under applicable law; and (e) you shall comply with applicable laws, regulations, guidelines, these Terms and any Consultant Services Agreement throughout your use of the Platform and/or Services.
By using the services of Frenchyou, the customer agrees to the following terms of use and of service.
Prohibited activities
We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it's better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform. If You violate this Code of Conduct, we reserve the right to remove you from the Services. Whether conduct violates our Code of Conduct will be determined in Frenchyou’s sole discretion.
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:
· 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.
· 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 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.
· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
· Use any information obtained from the Site 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 Site in a manner inconsistent with any applicable laws or regulations.
· Engage in unauthorized framing of or linking to the Site.
· 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.
· 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 Site or the networks or services connected to the Site.
· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
· Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
· Copy or adapt the Site’s 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 Site.
· 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.
· Use a buying agent or purchasing agent to make purchases on the Site.
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.
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.
And because we are never too careful, here are some Code of Conduct guidelines that we expect you to follow. Any breach will end up in your account being terminated and no refund given.
No Illegal Activity
This is about as simple as it gets. Do not use the Services for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation anywhere in the world.
No Fraud
Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.
No Bad Conduct
Do not use the Services to transmit, distribute, send, or otherwise expose the Services or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
No Spamming
Seriously. No one likes spam. We don't like spam. We're pretty sure that You don't like your inbox cluttered with spam. You may not use the Servicesto engage in any activities that will result in sending spam to anyone on the Teachable Platform, including Teachable (and its employees), Creators, and Students.
Be Civil
We mean this. We're an open platform allowing myriad subject matters to be taught. Not all content might be for everyone. But the one thing we can all agree on is that when we use the Services we are going to be civil and respectful at all times.
No Exploitation
You will not use Frenchyou’s Services to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing User Content.
No Impersonation
Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Teachable. You will not impersonate anyone on our partner’s Platform, including Teachable (and its employees), Creators, and Students.
No Data Mining or Bots
You may not use any data mining, robots, or similar data gathering or extraction methods.
No Use Other Than Intended
You may not use the Services or any content contained on the Website for any purposes other than intended.
No Prohibited Content
You may not use the Platform if your content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in Our sole discretion.
You may not use the Platform and/or Services for any illegal, fraudulent or unauthorized purposes. You may not use the Services to violate intellectual property laws, or any other any laws in your jurisdiction that are applicable to you. You may not use the Services for personal, household, family, consumer, or other non-commercial purposes. You may only use the Services for your bona fide internal personal purposes in accordance with the terms hereof. You may not use the Services to solicit or provide services for the benefit of (a) an individual, organization, or country that is blocked or sanctioned by the Republic of Estonia, (b) any unaffiliated third parties; or (c) any other services not for the benefit of a User.
How Frenchyou works
1. You navigate on the website;
2. You create an account on our partner’s website (www.teachable.com);
3. You select a product;
4. You choose the product you wish to subscribe to;
5. You purchase a product through a single-payment purchase;
6. You receive access to our different websites and partners’ website;
Eligibility
We make the Platform and the Services available to Users 18 years of age or older. If you are not 18, you may still be allowed to use our Services with a written approval of a parent or any other person have formal and legal authority on you. In any case, the Services and the Platform are not to be used for children under 15 years old. If you are under 15 years old, or under 18 years old and purchased a product, you are not allowed to create an Account or use the Services. You must be a human to open an Account.
Accounts registered by “bots” or other automated methods are not permitted. You may not maintain more than one Account at a time. By applying for an Account and using the Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you may not access or use the Services or apply for an Account. Frenchyou may refuse to provide open an Account for any individual or entity at its sole discretion.
General dispositions
All requests/questions asked to the school will only be considered valid/binding via written email communication.
All inquiries shall be made via [email protected].
All communication with Frenchyou staff must remain professional and limited to official communication channels.
Course teachers and physical or online location may be subject to change under certain circumstances, which the students will be informed about prior hand.
Course registration is confirmed under the name of the registrant alone and cannot be transferred to other students.
Frenchyou’ s original materials must not be shared with external parties, either physically or digitally. Failure to comply will be considered a breach of confidentiality and Frenchyou may take further legal charge.
Frenchyou demonstrates zero tolerance for harmful behaviour cause by a student towards another person. Any discrimination based on nationality, so-called race, skin color, ancestry or national or ethnic origin, age, sexual orientation, religious or philosophical belief, disability, sex and similar criteria such as pregnancy, childbirth and motherhood, or even gender reassignment, gender identity and gender expression, marital status, birth, wealth, political belief, language, state of current or future health, physical or genetic characteristic, social origin or union belief will trigger the full removal of the students and no reimbursement will be made. Legal actions can be taken.
License Use
Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
· modify or copy the materials;
· use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
· attempt to decompile or reverse engineer any software contained on the School’s web site;
· remove any copyright or other proprietary notations from the materials; or
· transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Frenchyou at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Accounts
4.1. Opening an account.
In order to access and use the Services, you will be required to create an
account. To apply for an Account, you must provide your full legal name, a
valid email address, your legal address and any other required information to
complete the sign-up process, as requested by Frenchyou. If you are applying
for an Account on behalf of a Business, you may also be required to provide a
business address, business ownership details, the nature of the business and
other business information that we may request. We will use this information to
permit Frenchyou and its financial partners to conduct due diligence on you
prior to opening an Account, and throughout the course of our business
relationship with you. Our use of your information is subject to the terms of
our Privacy Policy (“Privacy Policy”). If you do not agree to the terms of our
Privacy Policy, do not apply for an Account. If you are applying for an Account
on behalf of a Business, you must take contact with Frenchyou at
[email protected]. You are liable for any actions that is taken through your
Account, and for any other person with access to your credentials or your
Account.
4.2. Account Security. You
are fully and solely responsible for maintaining the privacy and security of
your computer system, mobile device and all activity on your Account, even if
such activities were not committed by you. You will promptly disable access to
the Services if you believe your Account has been compromised or stolen, and
you will immediately notify us if you believe your Account credentials have
been compromised or stolen, and in the event of any unauthorized access to or
use of your Account. Frenchyou will not be liable for any losses or damage
arising from unauthorized use of your account or password, and you agree to
indemnify and hold Frenchyou harmless for any unauthorized, improper or illegal
use of your account and any charges and taxes incurred, unless you have
notified us via e-mail at [email protected] that your account has been
compromised and have requested that we block access to it, which we will do as
soon as reasonably practicable. We will attempt to prevent unauthorized
transactions or other activity using your Account, and we will assist you in
the event your Account is compromised, but we do not police for and cannot
guarantee that we will learn of or prevent, any inappropriate use of the
Services and you are solely responsible for any financial or other loss that
results from unauthorized access to your Account. We may suspend access to your
Account if we suspect your Account has been compromised.
Offer
Frenchyou offers a series of different products categorized as "3-month access", "6-month access" and "Deluxe Unlimited".
The access to the purchased and free products are limited to the use of the person whose login belongs to.
As a reminder, any violation of these terms and conditions can lead to a revocation of accesses, login without reimbursement.
The "Deluxe Unlimited" offers to the customers who purchased the product the possibility to use the content as many times as they want, for as long as the platform exist and/or as long as their login exist and is not revoked.
The Deluxe Unlimited has an validity period of one year, which means that, despite the fact the services are given and accesses kept, Frenchyou guarantee the access to the Deluxe Unlimited - or its improved equivalent - for a period of one year.
If by any hazard a change in the platform or service occurs after one year, Frenchyou may discontinue the access to the Deluxe Unlimited.
Prices
Prices are set by Frenchyou at its sole discretion and Frenchyou has all the rights to adapt and change them without prior notice.
Prices include VAT where applicable.
Prices are valid for the moment of the purchase.
Payments
Payment is required to access the content.
Payment can be done solely through the website. Frenchyou will never accept or require another payment method.
Payment are made in EURO, EUR (€).
In exceptional circumstances, and qt the sole discretion of Frenchyou, payments can be requested by invoice.
In any case, access will be granted after the payment has been received.
Payment regulations
The due date for all invoices is 2 business days, taking as a base the Calendar of the Republic of Estonia, except for those who register last-minute for a starting term. Payment for such cases shall be received before receiving accesses.
For payments via invoice, there will be a processing fee of 3,00 EURO, that will be added to the invoice.
The Conquerant Offers can be paid in instalments if available.
Discounts and promotions must not be transferred to relatives, spouses, or friends.
Discounts cannot be applied after signing up for a course. All discounts shall be applied via the registration form on the website when registering.
Exclusive discounts offered to students must not be shared and will not be valid to third parties.
Foreign Transaction Fees
You acknowledge that for certain transactions, your Card’s issuing bank may charge a foreign transaction fee or other charges.
Declined Payment
If payment is declined due to expiration of the Card, insufficient funds, or otherwise, Client remains responsible for any amounts not remitted to Frenchyou and Frenchyou may, in its sole discretion: (i) continue presenting the Card once it has been updated by Client (if applicable) or (ii) terminate this Agreement.
Payment Methods
Frenchyou does not and will not provide banking, deposit taking, stored value, escrow, insurance or any other financial service to Users. Therefore installments are not possible directly through Frenchyou.
Payments are made through our partner www.teachable.com and you can find all details regarding their payment methods here : https://teachable.com/terms-of-use under the section 10 Payments.
Cancellation & refund policy
If you are an EEA resident and wish to exercise your right to withdrawal, only cancellations submitted in written to [email protected] within fourteen days after the purchase has been made (the day of purchase counts as the first day) can be fully refunded.
Right of Withdrawal: In accordance with the EU Consumer Rights Directive, you have the right to withdraw from the purchase of an online course within 14 days from the date of purchase, without giving any reason.
Waiver of Right of Withdrawal: The 14-day withdrawal period will no longer apply if you have accessed or started the online course. By accessing or starting the course, you expressly agree and acknowledge that you waive your right to withdraw from the purchase and request a refund.
Our systems monitor course access and progress. If our systems indicate that you have accessed or started the course, it will be considered as an express consent and acknowledgement of waiver of your right to withdraw and request a refund.
Exclusions: Please note that the following purchases are not eligible for a refund under our refund policy:
- Any product purchased using a discount.
- Bundles of several products.
- Digital downloads.
Refund Request: To exercise your right of withdrawal, you must inform us of your decision to withdraw from the purchase by sending an email to [your support email address] within the 14-day withdrawal period.
Refund Process: If you are eligible for a refund under our refund policy, we will reimburse the purchase price using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you. The refund will be processed without undue delay, and no later than 30 days from the day on which we receive your request for withdrawal.
Obligation of the Student: In the event of a refund, the student is required to delete all materials belonging to Frenchyou that have been downloaded as part of the course.
Please note that this refund policy applies only to online courses purchased through our website. For any other products or services, please refer to the relevant refund policies as outlined in our terms and conditions.
For US Residents:
Right of Withdrawal: You have the right to withdraw from the purchase of an online course within 14 days from the date of purchase, without giving any reason.
Waiver of Right of Withdrawal: The 14-day withdrawal period will no longer apply if you have accessed or started the online course. By accessing or starting the course, you expressly agree and acknowledge that you waive your right to withdraw from the purchase and request a refund.
Our systems monitor course access and progress. If our systems indicate that you have accessed or started the course, it will be considered as an express consent and acknowledgement of waiver of your right to withdraw and request a refund.
Exclusions: Please note that the following purchases are not eligible for a refund under our refund policy:
- Any product purchased using a discount.
- Bundles of several products.
- Digital downloads.
Refund Request: To exercise your right of withdrawal, you must inform us of your decision to withdraw from the purchase by sending an email to [email protected] within the 14-day withdrawal period.
Refund Process: If you are eligible for a refund under our refund policy, we will reimburse the purchase price using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you. The refund will be processed without undue delay, and no later than 30 days from the day on which we receive your request for withdrawal.
Obligation of the Student: In the event of a refund, the student is required to delete all materials belonging to Frenchyou that have been downloaded as part of the course.
Please note that this refund policy applies only to online courses purchased through our website. For any other products or services, please refer to the relevant refund policies as outlined in our terms and conditions.
For Brazilian residents buying products in Portuguese:
Política de Reembolso para Cursos Online
Direito de Arrependimento: De acordo com o Código de Defesa do Consumidor do Brasil, você tem o direito de desistir da compra de um curso online no prazo de 7 dias a partir da data da compra, sem fornecer qualquer motivo.
Renúncia do Direito de Arrependimento: O período de 7 dias não se aplica se você tiver acessado ou iniciado o curso online. Ao acessar ou iniciar o curso, você concorda expressamente e reconhece que renuncia ao seu direito de arrependimento e solicitação de reembolso.
Nossos sistemas monitoram o acesso e o progresso no curso. Se nossos sistemas indicarem que você acessou ou iniciou o curso, isso será considerado como consentimento expresso e reconhecimento da renúncia ao seu direito de arrependimento e solicitação de reembolso.
Exclusões: Por favor, note que as seguintes compras não são elegíveis para reembolso sob nossa política de reembolso:
- Qualquer produto comprado com desconto.
- Pacotes de vários produtos.
- Downloads digitais.
Solicitação de Reembolso: Para exercer o seu direito de arrependimento, você deve nos informar da sua decisão de desistir da compra enviando um e-mail para [email protected] dentro do período de 7 dias.
Processo de Reembolso: Se você estiver elegível para reembolso sob nossa política de reembolso, nós reembolsaremos o valor da compra usando o mesmo meio de pagamento que você usou na transação inicial, a menos que tenhamos acordado expressamente de outra forma com você. O reembolso será processado sem atrasos indevidos, e no máximo 30 dias a partir do dia em que recebermos sua solicitação de arrependimento.
Obrigação do Aluno: No caso de um reembolso, o aluno deve apagar todos os materiais pertencentes à Frenchyou que tenham sido baixados como parte do curso.
Por favor, note que esta política de reembolso aplica-se apenas a cursos online comprados através de nosso site. Para quaisquer outros produtos ou serviços, consulte as políticas de reembolso relevantes conforme descritas em nossos termos e condições.
Contacting the staff
Contact with the staff will be solely made through the comments sections on the Teachable website or to the email given to students and prospective students.
Copyrights and Intellectual property
Any data, information or material originated by Frenchyou that Frenchyou uploads on the Internet or otherwise transmits through Teachable, including Content, is and remains Frenchyou’s property. You do not claim any intellectual property rights over Frenchyou’s content, product and services by virtue of your use of the Services.
Therefore you agree that Frenchyou may review your posts and comments for any reason, including compliance with our Code of Conduct and prohibited behaviours, but Frenchyou has no obligation to review anything that you upload.
You are not allowed to use the content provided by Frenchyou for any other purpose than learning in the framework of a purchase of Service of Frenchyou.
Frenchyou OÜ has All rights reserved on its content.
No part of the Service may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted by law, without the prior written permission of Frenchyou’s board of directors.
Any violations of the copyrights, including sharing any parts of the course or books to third parties may lead to legal action.
Governing laws
These Terms shall be governed by and defined following the laws of Tallinn, Republic of Estonia and yourself irrevocably consent that the courts of The Republic of Estonia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Dispute resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "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 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
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 1. The seat, or legal place, of arbitration shall be Brussels, Belgium. The language to be used in the arbitral proceedings shall be English or French. The governing law of the contract shall be the substantive law of Estonia.
Restrictions
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.
Exceptions to Informal Negotiations and Arbitration
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.
Corrections
There may be information on the Site 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 Site at any time, without prior notice.
Disclaimer
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.
Limitations of liabilities
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 LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN U.S. OR E.E.A. STATE LAWS AND INTERNATIONAL 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.
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 Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (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.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to 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 Use shall not operate as a waiver of such right or provision. These Terms of Use 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 Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use 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 Use or use of the Site. You agree that these Terms of Use 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 Use and the lack of signing by the parties hereto to execute these Terms of Use.
In case of discrepancies, doubt or other inconsistence between this version and the English version, the English version prevails.
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