Terms of Service

Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Habitate Technologies Private Limited ("Company", "we", "us", or "our"), concerning your access to and use of the Bonfire service available via the bonfire.camp website, its subdomains, other associated websites, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site" or "Service"). The Service provides tools and a platform focused on accountability, progress tracking, and related insights. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service, including the Privacy Policy and any other supplemental terms posted on the Site, which are incorporated into these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using the Site.

Intellectual Property Rights

Unless otherwise explicitly stated, the Site, including all its components and content (collectively, the "Site Content"), is the exclusive proprietary property of our company. This includes but is not limited to:

• Source code and software architecture
• Databases and data structures
• Website design and user interface elements
• Multimedia content (audio, video, images)
• Text content and documentation
• Graphics, logos, and visual elements
• Trademarks, service marks, and brand identifiers

All Site Content is protected under United States and international intellectual property laws, including copyright, trademark, trade secret, and unfair competition laws. The Site Content is provided "AS IS" and solely for personal, non-commercial use.

Subject to these Terms of Service, users are granted a limited, non-exclusive, non-transferable, revocable license to:

• Access and view the Site Content
• Download or print singular copies of Site Content for personal use
• Utilize the Site's basic functionalities as intended

The following activities are strictly prohibited without our explicit written authorization:

• Reproduction, distribution, or modification of Site Content
• Commercial exploitation of any Site elements
• Systematic downloading or data scraping
• API access or integration
• Creation of derivative works
• Use of our trademarks, logos, or brand features
• Reverse engineering or decompilation of Site software

We reserve all rights not expressly granted herein. Any unauthorized use of Site Content may result in immediate termination of access and potential legal action.

User Representations and Warranties

By accessing or using the Site, you expressly represent, warrant, and agree that:

• All registration information, data, and credentials you submit will be true, accurate, current, complete, and maintained in an up-to-date manner;

• You possess the legal capacity to enter into and comply with these Terms of Service;

• You are not considered a minor in the jurisdiction where you reside, or if you are a minor, you have obtained parental permission to use the Site;

• Your access to and use of the Site will not be for any illegal, unauthorized, or prohibited purposes, nor will it involve automated or non-human means, such as bots, scripts, or similar technologies, except as explicitly permitted by us;

• Your use of the Site will not violate any applicable laws, regulations, or third-party rights. If we find any information provided by you to be untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof);

• Your activities on the site will not involve:

  • Harassment, abuse, or harm towards others;
  • Transmission of unsolicited communications ("spam");
  • Impersonation of others;
  • Dissemination of offensive, indecent, or objectionable content;
  • Is fraudulent, deceptive, or misleading;
  • Attempts to interfere with or disrupt the Site's security, functionality, or integrity;
  • Attempts to manipulate, bypass, or improperly influence any AI features or analysis provided by the Service;
  • Infringes upon the rights of others;

We reserve the right, at our sole discretion, to suspend, terminate, or restrict access to your account, refuse any current or future use of the Site (or any portion thereof), and pursue all legal remedies if we determine that any information you provide violates these representations or these Terms of Service.

User Registration and Account Security

To access certain features of the Site, you may be required to register for an account. In connection with your account:

• You are responsible for maintaining the confidentiality of your account credentials, including your username and password;

• You agree to immediately notify us of any unauthorized use of your account or any other breach of security;

• You are solely responsible for all activities that occur under your account;

• You agree not to share, transfer, or provide access to your account to any third party;

• You acknowledge that we reserve the right to:

  • Monitor account activity for security purposes;
  • Suspend or terminate accounts showing suspicious activity;
  • Remove, reclaim, or change usernames that violate our policies or intellectual property rights;
  • Modify or discontinue accounts that contain inappropriate, obscene, unlawful, or objectionable content.

Fees and Payment

Access to certain features or levels of the Service may require payment. We offer various subscription plans, which may include free tiers with limited functionality and paid tiers offering enhanced features or usage limits. Paid plans may be available on a monthly or yearly basis. Additionally, some specific features or usage beyond included limits may incur separate charges (usage-based billing). All applicable fees and billing cycles will be clearly communicated at the point of purchase or subscription.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us.

We may change prices at any time. All payments shall be in the currency specified at the time of purchase. You authorize us to charge your chosen payment provider for any such amounts upon placing your order or initiating your subscription. For recurring subscriptions, you authorize us to charge your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order or subscription.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

Cancellation and Refunds:

• Subscriptions can typically be canceled at any time through your account settings or by contacting customer support. Cancellation will usually take effect at the end of the current paid term.
• Refund requests must be submitted within 7 days of the payment date. Refunds are generally not provided for partial subscription periods or unused services. However, we may consider refund requests on a case-by-case basis, particularly if requested shortly after a charge and the service has not been significantly utilized during that period. Eligibility for a refund is typically limited to the most recent payment made.
• All refund decisions are at our sole discretion and are final. If a refund is approved, it will be issued to the original payment method and may take up to 30 business days to process. Applicable payment processing fees may be deducted from the refund amount.

You can initiate a subscription cancellation via:

• Your account dashboard (where available)
• Email request to support@bonfire.camp
• Other customer support channels we may provide

For refund inquiries or service dissatisfaction, please contact support@bonfire.camp with your account details and specific concerns.

Prohibited Activities

The Site is provided for your personal use only. You agree not to engage in any of the following prohibited activities:

1. Account & Security

• Creating fake accounts or using automated methods to create accounts
• Attempting to access other users' accounts
• Sharing, selling, or transferring your account
• Impersonating other users or our staff
• Attempting to break or bypass our security measures

2. Content & Data

• Collecting user information or email addresses without permission
• Copying, scraping, or downloading site content
• Uploading viruses or malicious code
• Using data mining, robots, or similar tools
• Interfering with the site's operation

3. Commercial Activities

• Selling products or services without our permission
• Using the site to compete with us
• Advertising to other users
• Using purchasing agents or buying bots

4. Behavior

• Harassing or threatening other users
• Sending spam or unwanted messages
• Making false reports
• Attempting to trick or defraud users
• Breaking any applicable laws

Important: Violating these rules may result in immediate account termination and possible legal action. We reserve the right to determine what constitutes a violation of these terms.

AI Features and Data Usage: The Service incorporates Artificial Intelligence (AI) to provide features such as analysis, summaries, and insights based on your Contributions and potentially other data. By using these features, you understand and agree that:

• Your Contributions and related data may be processed by our AI systems or by third-party AI service providers we engage. Use of third-party services is subject to their respective terms and privacy policies, which may apply in addition to ours.
• We may temporarily store input data provided to AI features for up to 90 days primarily for security monitoring, abuse prevention, and troubleshooting purposes.
• AI-generated output (insights, summaries, etc.) is provided for informational purposes only. It may contain inaccuracies, errors, or biases. AI output does not constitute professional advice, and you should exercise your own judgment and verify information before relying on it.
• While we strive to avoid processing sensitive personal data through AI features unless necessary for the feature itself, you are responsible for the content of your Contributions. If you include personal or sensitive information in data processed by AI, we may have limited ability to modify or delete specific processed data points without deleting your entire account or associated Contribution history. Please refer to our Privacy Policy for more details on data handling.
• To improve the Service and AI capabilities, we may use anonymized or aggregated data, derived from Contributions and usage patterns, for training and refining our AI models. This data will not be personally identifiable.
• Attempting to deliberately mislead, manipulate, exploit vulnerabilities in, or reverse-engineer the AI systems is strictly prohibited and considered a violation of these Terms.

Contribution License Agreement

Content Guidelines and Standards

Social Media Integration and Third-Party Accounts

1. Account Linking

You may connect your account with third-party service providers ("Third-Party Accounts") through either:

• Providing your Third-Party Account login credentials through our Site
• Authorizing us to access your Third-Party Account via OAuth or similar protocols

2. User Warranties

By linking your Third-Party Account, you explicitly warrant that:

• You have full legal authority to share your login credentials
• Your authorization doesn't violate any terms of service with the third-party provider
• Such access won't impose any additional fees or usage restrictions on us

3. Data Access and Storage

Upon authorization, we may:

• Access and store content from your Third-Party Account ("Social Network Content")
• Display this content through your account on our Site
• Exchange additional information with your Third-Party Account as disclosed during the linking process
• Access your contact lists and address books for user verification purposes

4. Privacy and Data Availability

Please be aware that:

• Your personal information's visibility depends on your Third-Party Account privacy settings
• Social Network Content may become unavailable if the Third-Party Account access is terminated
• You can disable Third-Party Account connections at any time
• We retain the right to store your username and profile picture even after disconnection for security and legal compliance

5. Disclaimer and Limitations

Your relationship with Third-Party Service Providers is governed exclusively by your agreements with them. We:

• Do not review Social Network Content for accuracy, legality, or non-infringement
• Bear no responsibility for Social Network Content
• Will attempt to delete stored Third-Party Account information upon deactivation, except where required for legal or security purposes

To deactivate Third-Party Account connections, please contact us at support@bonfire.camp or use your account settings if available.

GDPR

We are committed to GDPR compliance. For any GDPR-related inquiries or to exercise your rights under GDPR, please contact support@bonfire.camp. We aim to respond to all GDPR-related requests within 30 days as per regulatory requirements.

Commercial Terms

Usage Restrictions:

• Services may not be resold, sublicensed, or transferred without our explicit written permission
• Any attempt to reverse engineer, decompile, or extract source code is strictly prohibited
• White-label usage of our services requires a separate agreement and additional licensing fees
• Usage must comply with all applicable laws and regulations in your jurisdiction

Enterprise Usage

Enterprise customers must: - Sign separate Master Services Agreement - Comply with usage volume limitations - Not share access credentials - Maintain security controls - Designate authorized administrators - Report any unauthorized access

User Content and Contributions

Content Guidelines

When posting content, you must comply with the following:

• Content must be based on firsthand experience
• No offensive, discriminatory, or hate speech
• No illegal content or references
• No false or misleading statements
• No organized campaigns for reviews

Content License

By posting content, you grant us:

• Worldwide, perpetual, royalty-free license
• Right to use, copy, modify, and distribute
• Right to create derivative works
• Right to sublicense

Content Moderation

We reserve the right to:

• Monitor and moderate all content
• Remove content without notice
• Terminate accounts for violations

Takedown Procedures:

Content takedown requests must be submitted to support@bonfire.camp. Such requests will only be considered when submitted by:

• The original content owner with proof of ownership
• An authorized legal representative with proper documentation
• A government or regulatory body with appropriate jurisdiction

While we strive to review takedown requests within 48 business hours, actual review times may vary based on complexity and volume of requests. All decisions regarding content removal are final and at our sole discretion.

Additional Terms and Risk Management

Jurisdictional Compliance:

While these terms are intended to be fully enforceable, if any provision is found to be unenforceable in certain jurisdictions, we will make reasonable efforts to modify such terms to comply with local laws while maintaining the original intent to the maximum extent possible.

Account Termination:

We reserve the absolute right to terminate or suspend accounts at our discretion, with or without notice, for any reason including but not limited to:

• Violation of these terms
• Suspicious activity
• Risk to other users
• Legal requirements
• Business necessity

No refund or compensation will be provided for any termination or suspension.

Service Modifications and Interruptions

1. Service Changes and Modifications

We reserve the absolute right, at any time and without prior notice, to:

• Modify, suspend, or discontinue any part of the service, temporarily or permanently
• Introduce new features or remove existing functionality
• Change the technological infrastructure or platform
• Alter user interfaces and experiences
• Update system requirements
• Modify or discontinue support for specific devices or platforms

2. Usage Limitations

We may implement or modify limitations including but not limited to:

• API call frequencies and rate limits
• Storage quotas and data retention periods
• Number of users or concurrent sessions
• Bandwidth usage and data transfer limits
• Feature access based on subscription tier
• Geographic or IP-based access restrictions

3. Service Interruptions

The service may be interrupted or unavailable due to:

• Scheduled maintenance and updates
• Emergency maintenance
• System failures or malfunctions
• Network or telecommunications failures
• Hardware issues or upgrades
• Third-party service provider issues
• Force majeure events
• Security incidents or threats

4. Maintenance and Updates

Regarding system maintenance:

• Scheduled maintenance will be communicated with reasonable advance notice when possible
• Emergency maintenance may be performed without prior notice
• Updates may be required for continued service use
• Legacy versions may be deprecated with 30 days notice
• Maintenance windows typically occur during off-peak hours

5. Pricing and Plan Changes

We reserve the right to:

• Modify pricing with 30 days notice for existing subscribers
• Change plan features and limitations
• Introduce new paid features or services
• Convert previously free features to paid features
• Offer or discontinue promotional pricing

6. Data and Migration

In relation to service changes:

• We may migrate your data between systems or providers
• Data formats may change requiring updates to your integration
• We will attempt to maintain backward compatibility where feasible
• You are responsible for backing up your data
• Data may be permanently lost if service is discontinued

7. Notice and Communication

We will communicate service changes through one or more of the following channels:

• Email notifications to registered account administrators
• In-app notifications or announcements
• Status page updates
• Blog posts or changelog entries
• API deprecation notices

8. Liability and Compensation

We shall not be liable for any damages, losses, or consequences arising from:

• Service interruptions or downtime
• Feature modifications or removals
• Data migration or format changes
• Changes in integration requirements
• Discontinuation of services or features

9. Customer Recourse

In the event of service changes or interruptions:

• No refunds will be issued for temporary service interruptions
• Customers may cancel their subscription if they do not agree with material changes
• Support will be provided for migration to alternative solutions where applicable
• Service credits may be issued at our sole discretion

10. Compliance and Regulations

Service modifications may be required to comply with:

• Changes in applicable laws and regulations
• Security requirements and best practices
• Industry standards and certifications
• Third-party service provider policies

By continuing to use our services after any modifications, you acknowledge and agree to the updated terms and conditions. If you do not agree with any modifications, your sole remedy is to discontinue use of the service.

Dispute Resolution

All disputes shall be resolved according to the following process:

1. Informal Negotiations

Parties must first attempt to resolve disputes through informal negotiation for 30 days.

2. Mandatory Mediation

If informal negotiation fails, parties must participate in mediation before pursuing other remedies.

3. Binding Arbitration

If mediation fails, disputes shall be resolved through binding arbitration under the International Commercial Arbitration Court rules.

Exceptions

The following disputes are not subject to the above resolution process:

• Intellectual property rights disputes
• Allegations of theft, piracy, or privacy violations
• Claims for injunctive relief

Jurisdiction and Governing Law

All disputes shall be governed by Indian law with exclusive jurisdiction in Indian courts.

These Terms shall be governed by and defined following the laws of India. Habitate Technologies Private Limited and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Liability and Risk Management

Force Majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control including, but not limited to:

• Acts of God or natural disasters
• War, civil unrest, or terrorism
• Pandemics or public health emergencies
• Changes in law or regulations
• Embargoes or labor disputes
• Internet service interruptions or cyber attacks

Service Level Commitment: While we strive for maximum uptime and reliability, we do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible, but emergency maintenance may be performed without notice.

Limitation Period: Any claim or cause of action arising out of these Terms must be filed within thirty (30) days after such claim or cause of action arose. Claims filed after this period will be permanently barred.

Liability Limits

Our total liability shall not exceed: - The amount paid by you in the past 1 months - Or $100, whichever is less We are not liable for: - Lost profits or revenue - Data loss - Business interruption - Security breaches outside our control

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: Privacy policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site is hosted in the following regions United States and EU and Asia. If you access the Site from any other regions of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

For dmca related info/notice please email dmca@bonfire.camp

Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF

THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. This includes maintaining your own backups of critical Contributions or data if desired. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.