TERMS AND CONDITIONS
Last updated
November 10, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are Voolist
("Company,"
"we," "us," "our"
).
We operate the website
https://voolist.com
(the "Site"
)
, as well as any other related products and services that refer or link to
these legal terms (the "Legal Terms") (collectively, the
"Services").
You can contact us by email at
dev@voolist.com
.
These Legal Terms constitute a
legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and
Voolist, concerning your access to and use of the Services. You agree that by
accessing
the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT
AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions
or
documents that may be posted on the Services 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 Legal Terms
from time to time. We will alert you about
any
changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically review these Legal Terms 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 Legal Terms by your continued use of the Services after the date such revised Legal
Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a copy
of
these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The
information provided when using the Services 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 Services 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
Services are 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 the Services. You may not use the Services in a way that
would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee
of
all intellectual property rights in our Services, including all source code, databases, functionality,
software,
website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are
protected
by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided
in or through the Services "AS IS"
for your internal business purpose
only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES
" section below, we grant you
a
non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly
gained access.
solely for your internal business purpose.
Except as set out in this section
or
elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
Calibri;color:#595959;mso-themecolor:text1;mso-themetint:166;">We operate
the
website
https://voolist.com
(the "Site"
)
, as well as any other related products and services that refer or link to
these legal terms (the "Legal Terms") (collectively, the
"Services").
You can contact us by email
at dev@voolist.com
.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (
"you"), and Voolist
,
concerning your access to and use of the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Services 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 Legal Terms from time to time. We will alert you about any
changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically review these Legal Terms 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 Legal Terms by your continued use of the Services after the date such revised Legal
Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a copy
of
these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The
information provided when using the Services 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 Services 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
Services are 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 the Services. You may not use the Services in a way that
would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee
of
all intellectual property rights in our Services, including all source code, databases, functionality,
software,
website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are
protected
by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided
in or through the Services "AS IS"
for your internal business purpose
only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES
" section below, we grant you
a
non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly
gained access.
solely for your internal business purpose.
Except as set out in this section
or
elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
Calibri;color:#595959;mso-themecolor:text1;mso-themetint:166;">We operate
the
website
https://voolist.com
(the "Site"
)
, as well as any other related products and services that refer or link to
these legal terms (the "Legal Terms") (collectively, the
"Services").
You can contact us by email
at dev@voolist.com
You may be required to register
to use the Services. You agree to keep your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim, or change a username you select if
we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We reserve the right to refuse any order
placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or under the same customer account, the
same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our
charging 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. The length of
your billing cycle will depend on the type of subscription plan you choose
when you subscribed to the Services.
Cancellation
All
purchases are non-refundable.
You can cancel your subscription at any time by logging into your account.
Your cancellation will take effect at the end of the current paid term. If
you have any questions or are unsatisfied with our Services, please email us at
dev@voolist.com.
Fee Changes
We may, from time to time, make changes to the
subscription fee and will communicate any price changes to you in accordance with applicable law.
You may not access or use the
Services for any purpose other than that for which we make the Services available. The Services may not be
used in connection with any commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the Services, you
agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or enforce limitations on
the use of the Services and/or the Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized
framing of or linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party's uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Services.
- Engage
in any automated use of the system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or "passive
collection mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or the networks or services connected
to the Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of the Services to you.
- Attempt
to bypass any measures of the Services designed to prevent or restrict access to the Services,
or any portion of the Services.
- Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or Internet browser usage, use, launch, develop,
or distribute any automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized
script or other software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized
use of the Services, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
- Use
the Services as part of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating endeavor or commercial enterprise.
8.
USER
GENERATED CONTRIBUTIONS
The Services does not
offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or on the Services, including but not limited to
text, writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively,
"Contributions"). Contributions may be viewable
by other users of the Services and through third-party websites.
As such, any Contributions you transmit may be treated in accordance with the Services'
Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have
the necessary licenses
, rights, consents, releases, and permissions to use and to
authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the Services and these Legal
Terms.
- You have the written consent, release,
and/or permission of each and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not unsolicited or
unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass
or threaten (in the legal sense of those terms) any other person and to promote violence against a
specific person or class of people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the
privacy or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health or well-being
of minors.
- Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Legal Terms, or any applicable law
or regulation.
Any use of the Services in
violation of the foregoing violates these Legal Terms and may result in, among other things, termination
or suspension of your rights to use the Services.
You and Services agree that we may
access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other
feedback regarding the Services, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over
your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
10.
SOCIAL
MEDIA
As part of the functionality of
the Services, you may link your account with online accounts you have with third-party service providers
(each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms
and conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us
access to your Third-Party Account, without breach by you of
any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the
"Social Network Content") so that it is available on and
through the Services via your account, including without limitation any friend lists and (2) we may
submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts may be available on and through your account
on the Services. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on and through the Services. You will
have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited to, for accuracy, legality,
or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of identifying and informing you of those contacts who
have also registered to use the Services. You can deactivate the connection between the Services and
your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that
become associated with your account.
11.
THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain (or you may be
sent via the Site) links to other websites
("Third-Party Websites") as
well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites
accessed through the Services or any Third-Party Content posted on,
available through, or installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any website to which you navigate from
the Services or relating to any applications you use or install from the Services. Any purchases you make
through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
12.
SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal Terms, 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 Services 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 Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
13.
PRIVACY
POLICY
We care about data privacy and
security. Please review our Privacy Policy:
https://voolist.com/privacy-policy.html
. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in
Germany
. If you access the Services from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that differ from applicable laws in
Germany
, then through your continued use of the Services, you are transferring your
data to
Germany
, and you expressly consent to have your data transferred to and processed in
Germany
.
14.
TERM
AND TERMINATION
These Legal Terms shall remain in full
force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (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 LEGAL TERMS OR OF
ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES 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.
15.
MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify,
or remove the contents of the Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services. We
will not be liable to you or any third party for any modification, price change, suspension, or discontinuance
of the Services.
We cannot guarantee the Services will
be available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
16.
GOVERNING
LAW
These Legal Terms are governed by and
interpreted following the laws of
Germany
, and the use of the United Nations Convention of Contracts for the International Sales of Goods is
expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess
the protection provided to you by obligatory provisions of the law in your country to residence. Voolist and yourself both agree to submit to the non-exclusive jurisdiction of the
courts of Dusseldorf, which means that you may make a claim to defend your consumer
protection rights in regards to these Legal Terms in
Germany
, or in the EU country in which you reside.
17.
DISPUTE
RESOLUTION
Informal
Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"
), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least 30 days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the other Party.
Binding
Arbitration
Any dispute arising
out of or in connection with these Legal Terms, including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the
European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which,
as a result of referring to it, is considered as the part of this clause.
. The language of the proceedings shall be English. The governing law of
these Legal Terms shall be substantive law of
Germany
.
Restrictions
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
18.
CORRECTIONS
There may be
information on the Services 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 Services at any time, without prior
notice.
19.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE 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 SERVICES 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 SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES 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
SERVICES, (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 SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES 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 SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES, 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.
20.
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 SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
OR
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
21.
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys' fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these
Legal Terms; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Services with whom you connected via the Services.
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.
22.
USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. 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 Services. 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.
23.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, 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 Services, 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
SERVICES. 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.
24.
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.
25.
MISCELLANEOUS
These Legal Terms and any policies or
operating
rules posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms 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 Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms 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 Legal Terms or
use of the Services. You agree that these Legal Terms 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 Legal Terms and
the lack of signing by the parties hereto to execute these Legal Terms.
26.
CONTACT
US
In order to resolve a complaint regarding
the
Services or to receive further information regarding use of the Services, please contact us at:
dev@voolist.com