Updated Nov, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENGAGING "Company" FOR CONSULTING, COACHING SERVICES, and SOFTWARE (“the PLATFORM”). PURCHASING SOFTWARE, COACHING AND/OR CONSULTING SERVICES INDICATES ACCEPTANCE OF THESE TERMS IN THEIR ENTIRETY.
The following are terms of a legal agreement between you and Company, Inc. d.b.a. "Company" (“Company”, “we”, “us”) By purchasing Software coaching and/or consulting services from Company or any other property held by Company or by using our software platforms (“Software”), you acknowledge that you have read, understood, and agree to be bound by these terms for the software platform and coaching and consulting services, in their entirety and to comply with all applicable laws and regulations.
Company may terminate your ability to use our Software and services without notice if you do not comply with these Terms of Service. If you do not agree to these Terms of Service, you must not access or use our Software and services. You must be at least 18 years old to use our Software and services.
1. INTRODUCTION: By continuing to use Company’s Software, Coaching and/or Consulting Services (defined below), you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time in its sole discretion. Please read these Terms and Conditions carefully. As a Client, you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with Company, including all payment terms (collectively, the Agreement). In this Agreement, “you” and “your” refers to the Client.
You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Software, Coaching and/or Consulting Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another Client.
We reserves the right to make changes to the Software Platform and to these Terms of Service at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of the revised Terms of Service means that you accept and agree to the changes.
2. TERM, PAYMENT & MODIFICATION: For Software, recurring coaching, online membership or consulting services- The term of this Agreement shall begin and become effective as of the sign-up date, which coincides with initial payment. The term shall continue as follows unless otherwise mutually agreed upon in writing. This Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides written 5-day notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.
Any and all “one-time” purchases (Strategy Sessions, Events, In-Person Consulting) shall not be tied to any other services or subject to this Agreement, unless otherwise specified by client.
Client agrees to pay to Company all applicable charges to its account in United States dollars, in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including, if any, all applicable taxes. If any mutually agreed upon payment terms of additional services requested by you are different than the terms set forth in these Terms and Conditions, the payment terms for the additional services shall apply to those services. Client agrees that any setup fee (or similar one-time payment depending on the service selected by Client) is nonrefundable as it is applied to costs immediately incurred by Company in initiating services.
Client understands and agrees that the Software, Coaching, Online Membership and/or Consulting Services are billed one month in advance. In addition, if Client has elected to pay Company by credit card, Client agrees to authorize Company to charge its credit card in advance for such payments and for any amounts owed under this Agreement. In addition client agrees to not perform any chargeback to Company from their bank or credit card if they are in violation of these payment terms and acknowledges it is detrimental to Company’s ability to do business.
In the event collection proves necessary, the Client agrees to pay all fees (including all attorneys’ fees and court costs) incurred by that process.
In the event of a chargeback, the Client agrees that these TOS will provide sufficient proof of their services and products being delivered as described at purchase.
You understand that Company may modify its standard terms and conditions and service offerings from time to time and that Company reserves the right to adjust the pricing of such services. Following the fulfillment of initial contract terms, Clients in month-to-month contracts may be subject to revised terms and conditions and/or pricing.
3. METHOD OF PAYMENT: Client must set up direct withdrawal from a valid, sufficiently funded bank account, provide a valid credit card with sufficient credit, or maintain a deposit with Company that Company can bill for all contracted Services.
4. REFUND POLICY AND CANCELLATIONS SOFTWARE & SERVICES: The product and/or services referenced herein is sold with a strict no refund policy. Fees assessed by Company are non-refundable, and Company does not provide Fee refunds or credits for partially used or unused subscriptions. If you sign up for a Service subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. If Company chooses at its sole discretion to issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future. In the event of a refund or credit, the amount refunded or credited will be determined by "Company" in its sole discretion. If you have any questions or concerns about this refund policy, please contact us at "Company email"
If you wish to cancel any Company subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address "Company email". For monthly subscriptions (including subscriptions for services and software), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to "Company". For annual subscriptions, we also require at least ten (10) days’ notice of cancellation by email. If you provide such notification less than ten (10) days before the first day of your next subscription year, your credit card may still be charged. If you cancel before the end of your year, you will not be entitled to a refund. "Company" in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
5. REFUNDS FOR PHYSICAL PRODUCTS: Any orders of physical products must be returned within 30 days (in original condition) to be eligible for a refund.
6. SERVICES PROVIDED: Coaching and/or Consulting Services are the process by which Company will help you grow your business via proprietary systems, frameworks and advice. Though Company cannot guarantee specific results, we proactively seek to provide high quality advice and systems that maximize the Client’s return on advertising spending.
7. OWNERSHIP OF NON-CLIENT PROPERTY: Title and full ownership rights in and to the Coaching and Consulting frameworks, strategies and systems, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Company’s operation of the Company network and website(s) (collectively, the “Company Materials”), shall remain at all times solely with Company and/or with the respective outsourced service provider or author. Client acknowledges that it has not acquired any ownership interest in the Company Materials and will not acquire any ownership interest in the Company Materials by reason of this Agreement.
8. NO LICENSE: Nothing contained in this Agreement or use of Software, Coaching and/or Consulting Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
9. CONFIDENTIAL INFORMATION: All information disclosed by Company to Client shall be deemed Confidential Information, regardless of whether marked or identified as “CONFIDENTIAL” or “PROPRIETARY.” Notwithstanding anything to the contrary, Confidential Information shall also include, and the provisions of this Agreement shall apply to any other information in oral, written, graphic or electronic form which, given the circumstances surrounding such disclosure to or learning by Client, would be considered confidential.
9.1 “Confidential Information” means any non-public, oral, written graphic or machine-readable information, including but not limited to, that which relates to patents, patent applications, trade secrets, research, product plans, products, developments, inventions, processes, designs, drawings engineering, formulae, markets, market research, market plans, software (including source and object code), hardware configuration, computer programs, algorithms, regulatory information, business plans, pricing, agreements with third parties, services, customers, marketing or finances of the Company or one of its subsidiaries or affiliates.
10. RESTRICTIONS: Client shall not in any way: (i) disclose or otherwise transfer Confidential Information to any third party at any time, including consultants , except as approved by Compnay in writing in advance; (ii) use (except as specifically permitted in wrting by Company), copy. Modify and/or transfer the Confidential Information and/or merge the Confidential Information with any other technology, formula or materials; (iii) to the maximum extent permitted by applicable law reverse engineer any of the Confidential Information; and/or (iv) disclose the parties’ discussions about the Confidential Information. Client agrees that it will disclose the Confidential Information only to its employees who have a specific need to know regarding the Coaching and/Consulting Services and only to the extent necessary for such purpose.
11. YOUR SITE: You hereby acknowledge that Company is not responsible for the maintenance of your website(s); nor is Company responsible for order entry, payment processing, shipping, cancellations, returns or customer service concerning orders placed on your website(s). You further acknowledge that your site does not contain any Company owned or licensed content, including but not limited to any Company search listings, except pursuant to a separate signed affiliate agreement with Company.
12. CLIENT REPRESENTATIONS AND WARRANTIES: Client represents and warrants to Company that for the term of this Agreement, this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; Client is the authorized owner or representative of the website(s) for which Software Coaching and Consulting Services will be used and performed; and Client’s website will not violate any applicable law or regulation; does not infringe upon in any manner any third party rights, including but without limitation to copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
13. CLIENT COVENANTS: Client further agrees to perform as follows:
Client will not hold Company or its affiliates liable or responsible for the activities of visitors who come to Client’s website(s) through Software and Coaching and Consulting Services.
If Client sells or promotes adult materials, alcohol or tobacco products, or other age restricted products and/or services, Client will: (i) have age verification on its sites’ home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted.
14. CLIENT INDEMNIFICATION OBLIGATIONS: Client agrees to indemnify, defend, and hold harmless Company, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Software Coaching and Consulting Services performed on behalf of Client, Client’s website(s) or contents therein, Client’s conduct, acts or omissions, or any alleged or proven breach by Client of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of Company or its agents or employees. Company will notify Client of any claim, action, or demand for which indemnity is required in the reasonable opinion of Company and will cooperate reasonably with Client at Client’s expense. At the election of Company, Client shall advance to Company amounts in satisfaction of such Claim, which Company may hold in escrow pending resolution of such Claim. The law firm Client chooses to defend Company must be experienced in defending similar claims and will be subject to Company’s approval, which will not be unreasonably withheld. Client may not settle any lawsuit or matter relating to the culpability or liability of Company without the prior written consent of Company. Company will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, Company shall have the right to set off any liability of Client to Company with respect to a Claim against any amounts held on deposit with Company by Client.
15. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: Company makes no representations or warranties relating to the results of the Software Platform and Coaching and Consulting Services, including, without limitation, the number of impressions or click-throughs and any promotional effect or return on investment thereof. As Company relies on third parties for certain data, Company makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics.
In no event shall Company be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
13. SUCCESSORS AND ASSIGNS: Subject to the limitations set forth herein on assignment of this Agreement or the rights hereunder by Client, all of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
16. CHOICE OF LAW; EXCLUSIVE VENUE: This Agreement shall be construed in accordance with the laws of the state of California, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in San Diego County, State of California.
17. HEADINGS: Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
18. WAIVER: Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach of default of this Agreement.
19. ENTIRE UNDERSTANDING: This document and any exhibit, schedule, or other supplementary document attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
20. ATTORNEYS’ FEES: In the event a dispute arises between the parties hereto, then the prevailing party in such dispute, whether or not a final decision is ultimately rendered by the court, shall be entitled to receive its attorneys’ fees reimbursed from the non-prevailing party.
21. NO THIRD PARTY BENEFICIARIES: The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the parties or their respective successors or permitted assigns.
22. SURVIVAL: The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
23. EXECUTION: This agreement is executable upon successful payment from Client. By purchasing Software, coaching and/or consulting services from Company or any other property held by Company, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
24. Software Platform Services
"Company" provides a multitude of product integrations and services (the “Services”) on the Platform, which you may subscribe to through the Platform. All references to the Platform include the Services. All Services are subject to these Terms of Service as well as the additional provisions below. The terms in these Terms of Service govern to the extent there is a direct conflict.
a. Right to Modify the Services. We reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.
b. No Contingency on Further Releases and Improvements. You understand that your purchase of Services on or through the Platform is not contingent on the delivery by us of any future release of any functionality or feature, including but not limited to the continuation of a certain Service beyond its current subscription term, or any third party services.
c. As-Is. The Platform is provided on an as-is basis, except as expressly provided otherwise in this Agreement.
d. Features. Features and terms used in connection with the Platform and Services such as “power dialer” may have some resemblance to those provided by others, but our Platform features and terms are specific to our Platform.
e. Additional Terms. Additional terms may apply to specific services and programs offered by "Company" on the Platform. To the extent there is a conflict, these Terms of Service will take precedence.
Software Platform Limited License And Prohibited Uses
"Company" grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform. Except to make the Services available to you and your end users, as expressly permitted under these Terms of Service, any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of "Company" is strictly prohibited. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform Content.
You, your employees, and your end user clients (“Clients”) may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree that you, your employees, and your Clients will not:
Use the Platform or any Services in any way that violates any applicable law or regulation.
Use the Platform or any Services for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
Transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Impersonate or attempt to impersonate "Company", a "Company" employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform or any Services, or which, as determined by "Company", may harm "Company" or users of the Platform or expose them to liability.
Use the Platform or any Services in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without "Company"’s prior written consent.
Use any device, software or routine that interferes with the proper working of the Platform or any Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform, or any Services.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platform or any Services.
Customer/End User Conduct
In connection with your use of the Platform or Services, you agree that:
You, your employees, agents, and Clients will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms of Service.
You are fully responsible for your actions and the actions of your employees, agents, and Clients with respect to use of the Platform.
You are fully responsible for the use of the Services by your Clients. "Company"’s agreement is with you, not your Clients.
You, your employees, agents and Clients will not misrepresent the Services.
You will provide these Terms of Service to your employees, agents, and Clients and confirm that all employees, agents, and Clients understand that they are subject to these Terms of Service if they use or offer the Services.
You own or control all rights in and to all content you provide to "Company".
You will be solely responsible for all of your use of the Platform, including the quality and integrity of any data and other information made available to us by or for you through the use of the Services under these Terms of Service and each Service that you make available to your Clients.
You have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your Client’s data to us for use and disclosure in accordance with these Terms of Service and our Privacy Notice.
You, your employees, and your Clients will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.
Use Of Platform Communication Features And Services
"Company" is the provider of Services for your use, which may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. You agree that:
You are exclusively responsible for all communications sent using the Services, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act, and you agree that you understand and will comply with those laws.
You understand that your use of the Services may violate applicable laws if you do not comply with them. "Company" is not responsible for your compliance with laws and does not represent that your use of the Services will comply with any laws. You should consult a lawyer for legal advice to ensure your communications comply with applicable law.
"Company" is a technology platform communication service application provider only. "Company" does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method;
You, not "Company", are the maker or initiator of any communications. You control the message, timing, sending, fraud prevention, and call blocking. The Service is purely reactive and sends messages only as arranged and proscribed by you. All communications, whether, without limitation, SMS, MMS or email, are created by and initiated by you and/or your Clients, whether generated by you or sent automatically via the Services at your direction.
Any customer data provided to "Company" through any means, including without limitation, by inbound text, data imports, tablet sign-ins, API calls or manual entry, only includes data from individuals who have explicitly opted into your communications program and have explicitly agreed to receive your communications (whether by SMS, MMS, email, voice communication or other method) in accordance with applicable law, including without limitation the TCPA.
Resale of the Platform Enterprise Level Services (MAP Policy)
Some levels of the Services allow you to resell access to the version of the Platform that is customized for or by you. If you are authorized to resell access, you must comply with our minimum advertised price policy as described in this section and the provisions below.
a. Minimum Advertised Price. You cannot advertise access to the Platform unless it is part of a high ticket ($3000 or more) program where you offer coaching. You may not sell the platform as a stand alone SaaS offer.
b. Changes. The MAP is established by "Company" and may be changed by "Company" from time to time in its sole discretion. Any changes to the MAP will be communicated by a change to this section of these Terms of Service. "Company" may also notify you of any change to the MAP.
c. Resale Restrictions. When reselling the service, you agree that you are fully liable to your resale Clients for the Service and will handle all disputes and inquiries they have without any involvement from "Company", unless "Company" offers to assist.
D. You Are Not "Company". Do not present yourself as "Company" when reselling the Service, hold yourself out as a representative of "Company", or indicate that you are associated with "Company" in any way. Do not direct your resale Clients to contact "Company" for any reason, including for Service support.
E. Suspension and Termination. We may suspend or terminate your ability to resell Services as described in this section in our sole discretion and with or without advance notice to you if we determine that you are violating this Agreement or for any other reason.
Account Registration
To access portions of the Platform or to register for or use the Services, you will be asked to provide registration details or other Information. It is a condition of your use of the Platform that all Information you provide is complete, current, and accurate. All Information you provide to register with the Platform, complete a transaction through the Platform, or otherwise is governed by our Privacy Notice, and you consent to all actions "Company" takes with respect to your Information consistent with our Privacy Notice.
Use and Protection of Login Credentials
You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify "Company" immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. "Company" reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in "Company"’s opinion, you have violated any provision of these Terms of Service. User accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Platform with his or her password.
SOFTWARE PLATFORM DISCLAIMER
THE PLATFORM AND THE SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM, PLATFORM CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM CONTENT, SERVICES OR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PLATFORM CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM, FROM US OR THE "Company" TEAM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE WE ARE NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.
THIS PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PLATFORM CONTENT AND SERVICES ON OR THROUGH THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE ON THE PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE PLATFORM, THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR PLATFORM CONTENT THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Platform, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or services provided by YOUR OR any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are solely between the seller OR PURCHASER of such merchandise OR SERVICE and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR THE "Company" TEAM.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION