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Terms of ServicePrivacy Policy

Terms of Service

Last Updated: July 1, 2024

These Terms and Conditions (“Terms”) shall govern your use of the STL Tutoring Solutions, LLC d/b/a Arch City Tutors (the “Company” “we” “our” “us”) platforms which include the website www.archcitytutors.com, the Facebook Page @archcitytutors, Twitter/X, the Instagram Page @arch_city_tutors, and any mobile device application or any other means provided or authorized by the Company (collectively referred to herein as the “Site”). Please read and familiarize yourself with these Terms before using or continuing to use the Site. You should not create an account or otherwise agree to these Terms unless you fully understand and accept each provision set forth herein. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

1. Acceptance of Terms

By creating an account and/or using or continuing to use the Site, you expressly acknowledge and agree to be bound by these Terms. We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your sole responsibility to periodically review the Site and these Terms. Your use and/or continued use of the Site and/or the Services provided by the Company after any such modifications shall constitute your express acknowledgement and acceptance of the modified Terms. As used in these Terms, references to our “Affiliates” includes our owners, licenses, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and all other persons involved in the creating, producing, and/or delivering the Site and/or contents and Services available on the Site.

BY USING THIS SITE AND SERVICES AVAILABLE ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WITH TO BE BOUND BY THESE TERMS, PLEASE DEACTIVATE YOUR ACCOUNT(s) AND EXIT THE SITE. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THIS SITE, PRODUCTS, OR SERVICES ABAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR SERVICES.

2. User Accounts

When you create an account with us, you personally guarantee that you are above the age of eighteen (18) years old, and that the information you provide to use us accurate, complete, and current at all times. Any inaccurate, incomplete, obsolete, and/or misleading information will result in the immediate termination of your account on the Site. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. STL Tutoring Solutions, LLC shall not be liable to you for any losses or liabilities, whether threatened or incurred, as a result of someone else’s use of your account or password, either with or without your knowledge. You agree that you shall be solely liable to us for any losses incurred by STL Tutoring Solutions, LLC, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You are prohibited from using a third-party’s account, username, or password at any time. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity, other than you, without appropriate authorization. You may not use a username that is offensive, vulgar, or obscene. We expressly reserve the sole right and discretion to refuse service, terminate accounts, remove or edit content in our sole discretion.

3. Payment Terms

You agree to pay all fees associated with the Services offered on the Site. Any charges incurred by your purchase or use of the Services will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of the Services. You agree to provide use with accurate and complete billing information, including valid credit card information, your name, address, telephone number, and email address. You are required to provide us with written notice of any changes in this information. We reserve the right to change the fees for Services at any time and to change the fees for Services at any time and to change the menu of services being offered.

  1. Monthly Fees: By creating an account and providing us with your credit card information, you expressly authorize us to charge your credit card on the first day of each month in the amount set forth in your subscription package, plus all attendant taxes, fees, and other payment processing charges.
  2. Booking Fees: By creating an account and providing us with your credit card information, you expressly authorize us to charge your credit card for the Services you book through the Site.
  3. Past-Due Balance: If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services that you have purchased, you agree that we may, at our sole option and discretion, suspend or terminate the Services and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect monies due, you agree to reimburse us for all expenses incurred to recover the sums due, including our reasonable attorney’s fees, court costs, and other legal expenses.
  4. Late Fees: Payments not received within five (5) days after the due date will incur a late payment fee in the amount of $10.00 per day for each day the payment is past- due.

4. Term & Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to the Site, and reporting you to the property authorities, if necessary. In the event you violate any provision of these Terms, the Company may, in its sole discretion and without the necessity of providing any prior notice to you, terminate your use and access of the Site. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Site and/or the Services on this Site shall immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

5. Site Conduct Promotions

The Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. From time to time, the Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties, or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

6. Privacy & Security

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of STL Tutoring Solutions, LLC d/b/a Arch City Tutors’ current Privacy Policy can be found below. Our Privacy Policy is expressly incorporated into these Terms by this reference. In connection with the use of certain Company Services, you may be asked to provide personal information in a questionnaire, application, form, or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you expressly grant the Company a world-wide, royalty-free, non-exclusive, and fully sub-licensable license to use, distribute reproduce, modify, publish, and translate this personal information solely for the purpose of enabling you to use the Site and Services available on or through the Site.

7. Intellectual Property Rights

For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by the Company and/or its Affiliates. By accepting these Terms, you expressly agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States of America, and it is the sole property of the Company and/or its Affiliates. You expressly understand and agree that nothing in these Terms shall be construed as granting to you any license, for any purpose whatsoever, under any patent, copyrights, trademark, or other intellectual property rights of the Company. You must obtain express written permission from the Company prior to using the name, symbols, and/or marks of the Company in any form of publicity in connection with the Site and/or the Services available thereon. Your unauthorized use of our name, likeness, symbols and/or marks, or the names and/or likeness of any of the Company’s employees, agents, representatives, owners, members, directors, and/or independent contractors for commercial and/or personal financial gain is strictly prohibited and shall constitute a material breach of these Terms.

8. Indemnification

You expressly and unequivocally agree that you shall defend, indemnify, and hold harmless the Company and the Company’s officers, employees, directors, members, agents, representatives, attorneys, independent contractors, suppliers and/or vendors from and against any and all claims, demands, actions, causes of action and/or liabilities (whether actual, potential, threatened or incurred), judgments, fines, penalties, orders, decrees, awards, costs, expenses, including reasonable attorney’s fees and court costs, settlements and claims on account of (i) loss or damage to property, or personal injury, including death, which may be sustained by the parties, their employees or third parties, arising out of or in connection with the Site and/or any of the Services contemplated by these Terms; (ii) any loss or damages in connection with any personal injury to, or death of, any person(s) attributable, in any way, to the Site and/or any of the Services or other physical injury sustained by any person(s) resulting from our provision, and/or our arrangement for the provision, of any of the Services contemplated under these Terms; (iii) any loss or damages sustained or alleged to have been sustained by any person in connection with or in any way arising from any independent contractor’s provision of any of the Services contemplated under these Terms for or on behalf of either you and//or your family and associates; (iv) any loss or damages sustained, or alleged to have been sustained, by us arising in connection with your failure to obtain all necessary permits, licenses, approvals, authorizations and/or insurance coverages required under these Terms; and (v) either your breach of any of its representations, warranties and/or covenants set forth in these Terms. This provision will not be construed in any circumstance to constitute an indemnification contrary to any government law that prohibits indemnification against loss, liability, and cost or expenses incident thereto caused by the negligence of such indemnity. Exclusions or policy limits in your insurance coverage(s) shall not exonerate or limit you from this liability. The indemnities set forth in this Agreement are joint and several and shall survive termination or modification of these Terms and shall not terminate or be waived, diminished, or affected in any manner upon the termination and/or restriction of your ability to use and/or access the Site and/or the Services available on or through the Site. Neither we nor any Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe on the rights of third parties.

9. Your Representations Warranties

By creating an account and/or using or continuing to use the Site, you represent and warrant that you have determined, in your sole discretion, that the Company and the Company’s employees, managers, members, affiliates, independent contractors, educators, and/or vendors are competent and qualified to perform, or arrange for the provision of, the Services offered by the Company. The Company does not make any representations, guarantees or warranties of any kind or nature regarding the educational background or qualifications of the educators/tutors providing the actual tutoring Services.

10. Confidential Information

Beginning as of your acceptance of these Terms and/or your use and/or access of the Site, you agree that you shall not, directly or indirectly, disclose or make sue of any information relating to the business of the Company that provides the Company with a competitive advantage (or that could be used to the disadvantage of the Company by a competitive business, which is not generally known by, nor early learned or determined by, Persons outside of the Company (“Confidential Information”). Confidential Information includes, but is not limited to, (i) customer and prospect lists, details of agreements and communications with customers and prospects, and other customer information, including without limitation, information concerning customers’ personal property and effects and information concerning our customers’ personal and private family, medical and/or business matters learned or obtained by us in connection with your use of the Site; (ii) sales proposals, demonstration systems, training programs and material and sales material; (iii) research and development; (iv) software systems, computer programs and source codes; (v) vendors and sources of supply; (vi) identity of specialized consultants and Proprietary Information developed or maintained by them for us; (vii) purchasing, operating and other cost data; (viii) special customer needs, cost and pricing data; and (ix) employee information (including personnel, payroll, compensation and benefit data and plans), including all such information recorded in manuals, memoranda, projections, reports, minutes, plans, drawings, sketches, designs, data, specifications, software programs and records, whether or not legended or otherwise identified by us, as Proprietary Information, as well as such information that is the subject of Company meetings and discussions and not recorded. Proprietary Information shall not include such information that you can demonstrate (A) is generally available to the public (other than as a result of a disclosure by you), (B) was disclosed to you by a third party under no obligation to keep such information confidential, or (C) was independently developed by you without reference to or reliance on Proprietary Information and such Proprietary Information does not relate to a Competitive Business. For purposes of this Agreement, “Competitive Business” means any business or other activity that, directly or indirectly, is involved in the provision of tutoring and/or educational services and/or the purchase and sale of goods attendant thereto. All communications sent or otherwise transmitted by you to us will be treated as non-confidential and non-proprietary (subject to our Privacy Policy). Please do not submit or transmit any confidential or proprietary information to us (including patentable ideas, new content suggestions, or business proposals) unless we have mutually agreed in writing otherwise. Unsolicited ideas and proposals will be treated as property owned by the Company and will not be returned to you.

11. Non-Disclosure

Within our prior written consent, you shall not (i) disclose Confidential or Proprietary Information to any third-party; (ii) make or permit to be made copies or other reproductions of Confidential and/or Proprietary Information; or (iii) make any commercial use of Confidential or Proprietary Information. You shall carefully restrict access to Confidential or Proprietary Information to individuals who are subject to non-disclosure restrictions. In the event you are legally compelled to disclose any Confidential Information or Proprietary Information in a manner not otherwise authorized by these Terms, you shall immediately notify the Company in writing and provide the Company with a copy of any subpoena, court order, or other documentation compelling disclosure so that we can exercise our right to seek a protective order or other relief to guard against unauthorized disclosure of Confidential and/or Proprietary Information. You expressly acknowledge and agree that any breach, or threatened breach, of these confidentiality provisions would cause irreparable harm to the Company and, as such, the Company shall be entitled to injunctive relief in addition to, and not in lieu of, any other relief, including monetary damages, which may be awarded in favor of the Company.

12. Non-Solicitation

In addition to the prohibition against disclosure of Confidential and/or Proprietary Information, you expressly agree that you shall not, directly or indirectly, in any way (i) interfere with the relationship between the Company and any individual who is a customer or potential customer of the Company; (ii) interfere with the relationship between the Company and any individual who is an employee, independent contractor, or who is otherwise engaged in the provision of the Services available on the Site; (iii) contact, solicit, divert, appropriate, or call upon with the intent of doing business with (other than for the exclusive benefit of the Company) any employee or independent contractor of the Company or encourage any employee or independent contractor of the Company to discontinue, reduce or adversely alter the employee’s or independent contractor’s relationship with the Company; or (iv) enter into any agreement, whether written or real, with any employee or independent contractor of the Company for the provision of any services which would constitute a Competitive Business and/or involve the exchange of money or any other form of legal consideration. You understand and acknowledge that our employees and independent contractors are subject to certain restrictive covenants and that any actual or threatened violation, whether intentional or not, of the covenants not to disclose and solicit shall be a material breach of these Terms and the Company shall be entitled to terminate your account and also obtain necessary injunctive relief in addition to, and not in lieu of, any other damages recoverable by the Company as a result of your breach of these Terms.

13. Relationship of the Parties

You and the Company expressly acknowledge and agree that these Terms do not bind either Party to provide Services exclusively for the other Party. Either Party may enter into similar agreements with various third parties for the same or similar services as those offered on our Site. The relationship between the Parties to each other shall at all times be that of independent contractors. None of these Terms, or any act or omission of either Party, shall be construed for any purpose to express or imply a joint venture, partnership, principal/agent, fiduciary, or employer/employee relationship between the Parties. You shall have no right to control, discipline, or direct the performance of any employees, or agents of the Company.

14. Force Majeure

Whenever a period of time herein is prescribed for action to be taken by either Party hereto, other than for the payment of fees and other amounts due to us, such Party shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays due to inclement weather, strikes, riots, epidemic, pandemic, acts of God, shortages of labor or materials, war, civil unrest, insurrection, governmental laws, regulations or restrictions, or any other causes of any kind whatsoever which are beyond the reasonable control of such Party. You and the Company agree to use reasonable diligence to minimize any delay in the performance of these Terms because of force majeure. The Party claiming force majeure shall notify the other Party as soon as reasonably practicable.

15. Compliance with Laws

You agree that these Terms, and the Parties’ respective performance obligations hereunder, are not and shall not be in violation of any federal, state, local, or municipal statute, ordinance, law, rule, or regulation.

16. Impossibility of Performance

In the event of any contingencies, now unforeseen, shall arise which, in our sole discretion, shall render temporarily impossible the performance of these Terms, the performance of which shall be suspended temporarily until such impossibility is removed. In the event the said impossibility of performance shall continue for a period of thirty (30) consecutive days, then it shall excuse performance by both you and the Company, aside from your obligation to tender payments for Services provided prior to the impossibility.

17. International Use

Although this Site may be accessible worldwide, we make no representation that the materials on this Site are appropriate or available for use in locations outside of the United States of America. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and peril. If you choose to access this Site from outside of the United States of America, you are responsible for compliance with local laws and regulations in your jurisdiction, including but not limited to, the taxation or products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.

18. Severability

If any term or other provision(s) of these Terms are deemed by a court of competent jurisdiction to be invalid, illegal, or incapable of being enforced by any rule of law, regulation, or public policy, all other conditions and provisions set forth in these Terms shall, nevertheless, remain in full force and effect and the illegal, invalid, or unenforceable provision(s) shall not cause the remainder of these Terms to be invalid, illegal, or unenforceable.

19. Waiver/Enforceability

The waiver of a breach of any term or condition of these Terms shall not constitute the waiver of any other breach(es) of these Terms. To be enforceable, a waiver must be in writing and signed by a duly authorized representative of the waiving party.

20. General Release

For and in consideration of the Company allowing you to create an account and/or use and/or continue using our Site, you do hereby expressly and unequivocally consent and agree that the provision of Services to you and/or on behalf of you and your Child, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged by you, you, for yourself, and on behalf of each of your heirs, executors, administrators, offices, successors, assigns, spouse, and minor children, do hereby release and forever discharge STL Tutoring Solutions, LLC d/b/a Arch City Tutors, its heirs, executors, administrators, insurers, officers, members, managers, Affiliates, subsidiaries, parents, successors and assigns, of and from any and all liability, claims, demands, controversies, agreements, damages, actions and causes of actions on account of loss and damage of every kind and nature caused by or resulted through and after the date that you create your account that arises from, or in any way, whatsoever, concerns our Site and/or the Services provided or offered through our Site.

21. Notices

Unless otherwise provided, notices required under these Terms must be in writing and delivered by (i) registered or certified U.S. Mail, return receipt requested; (ii) hand delivered; (iii) email and/or facsimile with receipt of “Transmission OK” acknowledgement; or (iv) delivery by a reputable overnight courier service (in the case of delivery by facsimile, the notice will be followed by a copy of the notice delivered as provided in (i)(ii) or (iv)). The notice will be deemed given on the earlier of the day the receiving party acknowledges that the notice has been received or ten business days after the notice is delivered via registered or certified U.S. Mail. In the case of notice by e-mail or facsimile, the notice if deemed received ay the local time of the receiving machine, and if not received, then the date the follow-up copy is actually received. Notices to you will be provided to you at the address provided by you when you create your account on the Site. Your failure to maintain current contact information shall not give rise to any additional obligation of inquiry by the Company to locate your current address for purposes of the notice set forth herein. All notices to the Company shall be delivered to the Company at the following address, to wit: STL Tutoring Solutions, LLC d/b/a Arch City Tutors, 8011 Clayton Road, Suite 300, St. Louis, Missouri 63117; (p) 314-727-7100; (f) 314-727-4762; (e) notices@archcitytutors.com.

22. Knowledge of Terms

By using the Site you expressly acknowledge and represent that you have relied upon your own judgment and/or the advice and consultation of your own legal counsel and that these Terms have been completely read and are fully understood by you.

23. No Oral Modification

These Terms may not be altered or amended orally. The Company reserves the right to amend or modify these Terms at is sole discretion. You are fully aware of the fact that the Company can amend or modify these Terms and you agree to periodically review these Terms for any updates, amendments, or modifications. The Company is under no duty or obligation to provide you with notice of any amendments, modifications, or other changes to these Terms.

24. Entire Agreement

These Terms, and any additional documents or instruments incorporated herein, constitute the entire agreement and understanding among and between the Parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the Parties with respect thereto.

25. Interpretation

When reference is made in these Terms to a Section or Paragraph, such reference shall be to a Section or Paragraph of these terms, unless otherwise indicated. The headings contained in these Terms are for convenience of reference only and shall not affect in any way the meaning or interpretation of these Terms. The language used in these Terms shall be deemed to be the language chosen by the Parties to express their mutual intent, and no rule of strict construction shall be applied against any Party. Whenever the context may require, any pronouns used in these Terms shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural, and vice versa. Any reference to any Law shall be deemed also to refer to all rules and regulations promulgated thereunder unless the context requires otherwise. Whenever the words “include,” “includes” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation.” No summary of these terms prepared by the Parties shall affect in any way the meaning or interpretation of these Terms.

26. Governing Law & Venue

These terms, and any other ancillary agreement(s) between you and us is, and shall be, governed and construed under the laws of the State of Missouri and any corresponding Federal statute(s) and/or regulation(s), regardless of any conflicts of laws principles. Any and all legal action, whether instituted by the Company or you pertaining to, arising from, or in any way whatsoever concerning these Terms, the Site and/or the Services available on or through the Site, shall be brought and maintained exclusively in the Courts situated in the State of Missouri, and you expressly consent and agree that, unless otherwise required by law, proper venue for any legal action between you and the Company shall be in the 21 st Judicial Circuit Court of Missouri, St. Louis County, and/or the United States District Court for the Eastern District of Missouri, St. Louis, Missouri. Notwithstanding anything to the contrary contained herein, in the event of any despite between you and us, regardless of whether or not a lawsuit is filed, you shall reimburse the Company for all of the Company’s reasonable attorney’s fees and costs incurred in connection therewith.

27. Class Action Waiver

As and for consideration of the mutual benefits and covenants contained herein, the receipt and sufficiency of which is expressly acknowledged by you and the Company, including your use and/or continued use of the Site, you expressly and unequivocally agree that, in the event of a dispute between you and us, that you do hereby knowingly waive your right to participate as a class representative or a class member on any class claim that you may have against us. You further agree that, to the fullest extent permitted by law, that you waive any and all rights you have, or may have, to a jury trial. Any action between you and us shall be trial by bench trial and not by a jury trial.

28. No Resale Rights

You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any personal or commercial purposes any portion of this Site, or use of or access to this Site or Services provided through this Site, beyond the limited rights granted to you under these Terms.

29. DISCLAIMER

ALL CONTENT AND SERVICES ON THIS SITE 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 CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE 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 CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE 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.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICE OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
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.

30. Limitation of Liability

By using this Site, you understand and agree that your exclusive remedy, and our entire liability, if any, for any claims arising out of these Terms and/or your use of the Site shall be limited to the amount you paid us for Services purchased on the Site during the one-month period prior to the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.