Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
VICE TRADING GmbH
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller. By registering on our Site the data subject thereby gives her/his written consent to use and processing by the controller of her/his personal data. By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed o enses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution. The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to o er the data subject contents or services that may only be o ered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data speci ed during the registration at any time, or to have them completely deleted from the data stock of the controller. The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
We collect information from you in several di erent ways on this Site. By registering on our Site the data subject gives his/her consent to collection of her/his personal information in any way, as described below.
Before using certain portions of this Site or ordering products, you may be required to complete an online registration form. During registration, you will be asked to provide to Us certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, gender, and credit card number. In addition, We may also ask you for your country of residence and/or your organization’s country of operation, so we can comply with applicable laws and regulations. These kinds of personal information are used for billing purposes, to ful ll your orders, to communicate with you about your order and the Sites, and for internal marketing purposes. If We encounter a problem when processing your order, your personal information may be used to contact you.
We may also automatically collect information about you when you access or use the Site or transact business with Us, including:
We may also receive information about you from other sources and combine or link that with information We have about you. For example, We may collect demographic and change-of- address information from third party sources and information from third party social media platforms (such as Facebook) if you log into this Site using your social media account credentials or if you make certain content and information publicly available, such as photos, videos, and pro le information.
We use your personal information to process your order and provide you with customer service. We may internally your personal information to improve this Site’s content and layout, to improve outreach and for Our own marketing e orts (including marketing our services and products to you), and to determine general marketplace information about visitors to this Site.
We will use your personal information to communicate with you about this Site and your orders and deliveries. Also, We may send you a con rmation email when you register with Us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance.) Also, you may submit your email address for reasons such as to register for a contest or sweepstakes or to sign up for email newsletters and special o ers. If you submit your email address, We use it to deliver the information to you. We always permit you to unsubscribe or opt out of future emails. Because We have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of con rmation, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the recti cation of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to recti cation, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of o cial authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely a ect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of VICE TRADING GmbH.
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to pro ling based on these provisions. VICE TRADING GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If VICE TRADING GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to pro ling to the extent that it is related to such direct marketing. If the data subject objects to VICE TRADING GmbH to the processing for direct marketing purposes, VICE TRADING GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by VICE TRADING GmbH for scienti c or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of VICE TRADING GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical speci cations. Automated individual decision-making, including pro ling each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including pro ling, which produces legal e ects concerning him or her, or similarly signi cantly a ects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is notauthorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, VICE TRADING GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision- making, he or she may, at any time, contact any employee of VICE TRADING GmbH. Right to withdraw data protection consent each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of VICE TRADING GmbH.
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a speci c processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the ful llment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the above mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been speci cally mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the ful llment of the contract or the initiation of a contract.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non- provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clari es to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
As a responsible company, we do not use automatic decision-making or profiling.
We take reasonable measures, including administrative, technical, and physical safeguards, to protect information about you from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction.
Upon your request, We will (a) correct or update your personal information; (b) stop sending emails to your email address; and/or (c) disable your account to prevent any future purchases through that account. You can make these requests by emailing Us at email@example.com. Please do not email your credit-card number or other sensitive information.
We also may collect information o ine. We will treat any information collected o ine in a manner that is consistent with this Policy. One example involves someone calling Us to place an order or to ask questions. When someone calls, We will ask only for the personal information We need in order to place the order or to answer the question. When We need to store information (such as order information), We will enter it into our database.
By registering on our Site you give your consent to cooperate on the terms and in the framework provided by this document.
Limited Liability Company
Commercial Court: Linz
HQ: Enzmüllnerweg 46
Memberships: WKÖ, WKOÖ
The content on this website is created with the utmost care. VICE TRADING GmbH does not, however, assume any responsibility for the accuracy, completeness, and currentness of the provided content. Users use the content of the website at their own risk. Any contributions containing the name of the author only re ect the opinion of the respective author and not necessarily the provider’s opinion. The mere use of the provider’s website does not result in the creation of a contractual relationship between the user and the provider. We reserve the right to modify, update, or discontinue the offers on our website at any time without a special announcement. The use of our Internet presence does not result in the creation of a contractual relationship between the user and VICE TRADING GmbH. The information provided on this website is of a general nature and is only intended to introduce interested Internet users to our products and services. We do not accept any liability for decisions a user makes on the basis of the information provided.
This website contains links to third-party websites (“External Links”). These websites are subject to the liability of the respective operator. VICE TRADING GmbH does not have any in uence on the design and content of the linked pages. VICE TRADING GmbH hereby speci cally distances itself from illegal or immoral content on the linked pages. The link is only intended to reference the publication of the website and does not mean that we stand for the content. Only the provider of the linked page shall be liable for illegal, wrong, or incomplete content and the resulting damages.
The content published on this website is subject to copyrights and performance protection rights. Any exploitation that is not permitted under the copyrights or performance protection rights requires the prior written consent by VICE TRADING GmbH or the respective rights holder. This applies in particular to the copying, editing, translating, storing, processing, and/or reproduction of content in databases or other electronic media and systems. Third-party content and rights are identi ed as such. Any unauthorized reproduction or dissemination of content or entire pages is not authorized and punishable by law. Only the production of copies and downloads for personal, private, and non-commercial use is permitted. The reproduction of this website in third-party frames is only permitted by written consent.
This website and any mobile application (collectively, this “Site”) is owned by VICE TRADING GmbH, Enzmüllnerweg 46, 4040 Linz, AUSTRIA, ATU73048169. (“We”, “Us” or “VICE TRADING GmbH”). We are providing You with access to this Site and Our online store (together, Our “Services”) subject to the following terms and conditions. By browsing, accessing, using, registering for or otherwise using Our Services, You are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). These terms are governed by the law of the Republic of Austria. Please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If You are unwilling to be bound by these Terms‚ You should not browse, access‚ use or register for the Site.
You represent and warrant that You are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
Subject to Your compliance with these Terms‚ We grant You a limited‚ non-exclusive‚ non- transferable‚ non-sublicensable license to access and make personal‚ non- commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on this Site. You may not use‚ frame or utilize framing techniques to enclose any of Our trademark‚ logo‚ content or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further‚ You may not use any meta tags or any other “hidden text” utilizing Our name‚ trademark‚ or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to You. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
In order to access some features of this Site‚ You may be required to register and We may assign to You, or You may be required to select, a password and user name or account identification. If You register‚ You agree to provide Us with accurate and complete registration information‚ and to inform Us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to You. You shall immediately notify Us of any unauthorized use of Your password or identification or any other breach or threatened breach of this Site's security. Each time You use a password or identification, You will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. You WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, You WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY You, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Every Account on newo.io has the option to invite Team Members to its Account. Team Members are Users which accept the invitation sent through the Account inviting them, to join their Team. However, Team Members are still independent Accounts within the system of newo.io, bound to these terms and conditions to the full extent, as any other User of newo.io. By inviting Team Members to Your Team, You simply grant these Accounts access to Your User Content and Us the permission to display Your User Content, any amount of content in full or partially, on the Team Member’s Account. Additionally You grant Us the right to forward any number offers, inquires and messages, in full or partially, sent to Your Account to Your Team Members’ Accounts. The forwarding of incoming offers, inquiries and messages takes place at random to any of Your Team Members’ Accounts. Removing Team Member Accounts from Your Account’s Team will solely result in revocation of the permission to Your User Content, for the removed Team Member Accounts only, but not in deletion or closure of the Team Member Accounts’ independent Accounts. Nor will it result in revocation of the permissions to Your User Content granted to Us in any other paragraphs of this Agreement. You are fully and solely responsible and liable for all User Content You post as set forth in other sections of this Agreement, no matter if this User Content is displayed in a Team Member’s Account or in Your Account. Herby We reserve the full right to hold not only Your Team Members but also You fully liable for their actions on the Site. A breach of this Agreement of any nature by a Team Member or You can result in termination of this agreement for not only the Team Member but also for You.
By accepting an invitation to a Team, You herby grant Us and the Inviting Account the full right to display any amount of User Content of the Inviting Account, in full or partially, in Your Account. At no point in time do You own the rights to such Content. You also grant Us the right to forward any number of incoming offers, inquires and messages directed to the Inviting Account, in full or partially, to Your Account at any time and at our sole discretion.
You herby indemnify Us from any charges, claims, liabilities, losses or damages of any nature, incurred to You due to Your affiliation and or cooperation with an Inviting Account or Team Member, such as but not limited to, revocation of permission to other Users’ Content, lost business due to removal of Team Member status, Account suspension or deletion based on breach of this Agreement by You or one or multiple of Your Team Members, damages, losses, charges and claims based on fraudulent or illegal activity of one or multiple of Your Team Members and or Your Inviting Account, etc. Furthermore, You indemnify Us from any claims, damages, losses or liabilities towards the team members you have invited, regardless of whether these team members have accepted or rejected the invitation, are active team members or past team members and assume all liability in this context without exception.
When You use this Site, or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e- mail or by posting notices on this Site or through Our other services. You agree that all agreements, notices, disclosures and other communication that We provide to You electronically satisfy any legal requirements that such communications be in writing.
This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and may include Your profile information and any content You post pursuant to Your profile, but it does not include Your account information or information You submit in order to make a purchase. You agree that You are solely responsible for Your User Content and for Your use of Interactive Features, and that You use any Interactive Features at Your own risk.
By using any Interactive Areas, You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, You grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to You. You also grant users of this Site the right to access Your User Content in connection with their use of this Site.
By posting User Content to this Site, You represent and warrant that (a) such User Content is non- confidential; (b) You own and control all of the rights, title and interest in and to the User Content or You otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that You grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and Your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, You may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and Our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
You agree You shall not (and You agree not to allow any other individual or entity using Your password and identification to):
As between You and Us‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Us or Our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without Our express written consent is strictly prohibited. You may not use Our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use Our trademarks or service marks in any manner that disparages or discredits Us. You may not use any of Our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to You or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.
We and Our Site offer You and Your Team Members the possibility to use Our services entirely for free, should You select the Freemium Plan for Yourself or Your Team Members. The Freemium plan gives access to all features, but with quantitive restrictions. Freemium Plan Users can only be using Our Site in a limited amount of industries simultaneously, contact a limited amount of other Users (if You are not an accepted follower of the other User) and send a limited amount of inquires through Our Site per month. The Premium and Unlimited Plan offer the same features but with higher or no limitation. We offer different kinds of Plans in duration, limits and pricing. You can find an overview here: https://plans.newo.io/
Should you purchase paid Subscription Plans for your Team Members, you herby acknowledge, that you do so willingly and consciously, knowing that you are purchasing Plans for third parties, which cannot be transferred to other Users, should you remove these Team Members from your Team.
You agree that all of Your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non- electronically, those transactions will still be governed by the remainder of these Terms unless You enter into different terms provided by Us. Only valid credit cards or other payment methods acceptable to Us may be used. By submitting Your details, You represent and warrant that You are authorized to use the designated card or method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, Your payment may be suspended or cancelled automatically. Purchases of Our product/services are based on a subscription model, which is billed and collected according to the subscription plan selected by you. If You order subscription plans for multiple users at once (e.g. Your entire organization), the payment and billing will be handled in one transaction and one invoice stating all subscription plans and corresponding users. Subscription plans are renewed automatically and Your payment method will be charged on the due date of Your automatically renewed subscription plan until cancelation. The features of Our Site, which You purchase with Your subscription plan, will be unlocked immediately after Your successful payment.
You are free to cancel Your subscription plan at any time. Should You wish to do so, log into Your account and cancel the plan You selected on the plan overview. You may also simply select the Freemium Plan. After a cancellation, Your plan will simply expire with the end date of the subscription plan You chose. In order to renew the plan after cancellation or swop to a different plan, log into Your account and select the desired plan on the plan overview. We do not grant any refunds for any subscription models. The cancellation of Your plan will result in the cancellation of the automatic renewal of the plan. Until the factual end date of the plan, You will still have access to all features included in this plan. Deleting Your account with Us, will automatically result in a cancelation of the corresponding subscription plan. In case of account deletion, you will no longer have access to the features of the subscription plan.
We have outsourced certain parts of Our service to third-party providers, to ensure You receive the best possible service and solutions, specially in fields We are no experts in. Our third-party providers hold all necessary licenses to be allowed to offer such services and are all regulated by European Union authorities and the corresponding local and European Union law.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
You may terminate the Terms at any time by closing Your account. We reserve the right, without notice and in Our sole discretion, to terminate Your right to use this Site, or any portion of this Site, and to block or prevent Your future access to and use of this Site or any portion of this Site.
To the fullest extent permitted by applicable law, You agree to defend, indemnify and hold harmless Us and Our subsidiaries and affiliates, and Our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) Your access to and use or misuse of this Site; (b) any User Content You post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that You provide; (d) Your violation of these Terms; and (e) Your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. We DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON- INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or Our servers are free of viruses or other harmful components.
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be Your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL We OR Our RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL Our AND Our RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE Our OR Our RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that Our remedy at law for any actual or threatened breach of these Terms would be inadequate and that We shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that We may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of Ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.