TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by We Working University LLC (which includes www.weworkinguniversity.com, among (“Company Services”) which refers to any services, technology tools, products, applications, widgets, platforms, and Content) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site and by accessing or using any of the Company Services, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all Content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by We Working University LLC, (the “Company”) and are the property of the Company and/or its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, screen recorded, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the Content of the Site or any Content, including any and all software, tools, graphics, videos, and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. Copyright ©2019 We Working University LLC. All rights reserved. The Content provided and accompanying the Site are protected by copyright, trademark, trade secret, and other applicable laws of the United States and foreign countries. All Content, such as text, data, graphics files, logos, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or the property of other third parties. No such materials may be used except as provided in these Terms of Use. You are not permitted to use these materials without our prior written consent or the consent of such third-party which may own the materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. You also agree not to change, translate, or otherwise create derivative works of the Site or Content.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third-party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove Content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at legal@weworkinguniversity.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the Content of the Site. Occasionally there may be Content, and information in the Site that contains typographical, technical, or photographic errors, inaccuracies or omissions. We are not responsible if Content and information made available in the Site is not accurate, complete or current. The Company does not monitor nor warrant that any of the Content and information that may relate to, but not limited to, courses, modules, bio descriptions, and pages are accurate, complete, transmitted correctly or current. The Company takes no responsibly and assumes no liability for any user Content uploaded, posted, stored, displayed, published, transmitted or made available by you or any third-party, or for any loss or damage thereto, nor is the Company liable for any mistakes, omissions, or errors therein. We do not warrant that the quality of any products, services, information, Content, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected. Any reliance on the information on Site is at your own risk. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Under no circumstances will the Company be liable in any way for any Content or materials of any third parties (including users and instructors), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You acknowledge that the Company does not pre-screen Content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Site. Without limiting the foregoing, the Company and its designees will have the right to remove any Content that violates these Terms of Use or is deemed by the Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
5. The Company reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site (or any part thereof). We have no obligation to retain any of your account or submitted Content for any period of time beyond what may be required by applicable law. We reserve the right to modify the Contents of the Site at any time, and to correct any errors, inaccuracies, or omissions, change or update information or cancel orders if any information in the Site is inaccurate at any time without prior notice (including after you have submitted your order) but we undertake no obligation to update, amend, or clarify any information on the Site, or related third-party web Sites or apps. You agree that it is your responsibility to monitor changes to the Site. No specified update or refresh date applied in the Site should be taken to indicate that all information in the Site has been modified or updated. You are responsible to notify us if there are any bugs in the system or inaccurate data. The Company takes no responsibly and assumes no liability for any user Content uploaded, posted, stored, displayed, published, transmitted or made available by you or any third-party, or for any loss or damage thereto, nor is the Company liable for any mistakes, omissions, or errors therein. The Company reserves the right to restrict or remove any user Content stored on the Site at any time and for any reason without notice.
6. When you sign up or register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email and text message.
7. You may be required to register with the Company or login to the Site in order to access and use certain features of the Site. If you choose to register for the Site or login to the Site, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form and that you keep in your account profile. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Site, with or without registering. In addition, if you are under 18 years old, you may use the Site, with or without registering, only with the approval of your parent or guardian. You represent and warrant that you are not a resident of (or will use the Site in) a country that the U.S. government has embargoed for use of the Site, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations. You may never use another's account, and you may not provide another person with the username and password to access your account. You may not assign this Agreement or transfer any of your rights to or obligations under the Site to another individual or entity. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site. The Company will not be liable for any loss or damage arising from your failure to comply with this Section. If you find out that someone has used or is using your account without your permission, you should report it to support@weworkinguniversity.com.
8. Terms of Purchase: All Sales are Final unless otherwise noted at the time of purchase. Due to the nature of the course environment which is "unreturnable", all payments are due and final upon purchasing the course and agreement of participation in the program. All payments are 100% final. In addition, payments are nonrefundable and there are no refunds or credits for partially used periods. Any refunds that may be offered are discretionary as determined by the Company. Refunds are not available for customers 30 days after a purchase. Refunds are not available for accounts which have violated the Terms of Use; violations are determined at the Company’s sole discretion. When placing a pre-order for products, courses and other service, you will be required to place your order in advance and provide 100% payment in advance. All payments are due and are 100% final upon pre-ordering. All pre-order products, course and other services are considered SOLD & FINAL: no return, exchange, or cancellation after payment is made. You understand and agree that the date of arrival is an estimate and may be delayed. The Company will do its best to notify you regarding changes to the arrival date and to keep you informed. For customers who expect immediate delivery of pre-order items and cannot conform with the pre-order estimated timeline, we highly recommend NOT TO PLACE A PRE-ORDER to avoid frustration and misunderstanding. We would greatly appreciate your kind understanding and patience regarding the estimated timeline of arrival & delivery when pre-ordering. If you have any questions or problems, please let us know by contacting our support team directly. The support team can be reached at: support@weworkinguniversity.com
9. Subscriptions: Subscription plans are recurring and will automatically renew until canceled. When you enroll in a subscription, you authorize the Company to auto renew your subscription and to charge your payment method based on the then current subscription rate. By purchasing a subscription plan (whether annually or other), you agree to an initial and recurring subscription fee at the then-current subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. The first payment will be processed immediately after checkout or after a trial period has ended. You may cancel a recurring subscription at any time by logging into your account and following the instructions on the account page, however we will not refund any subscription fees already paid to us nor will we provide credits for partially used periods. By canceling your subscription, you may also forfeit access to special offers, services, or discounts that are designated for current subscription members. You agree to keep your account information and payment method up to date (for example, keeping your billing address up to date or your credit card expiration date up to date) so that we can complete your transactions. You represent and warrant to the Company that your account information and payment method is true and that you are authorized to use the payment method. Your payment method must be kept current, valid, and be an acceptable method of payment. You can edit your payment method and account information by logging into the site and visiting your account information settings. We are not liable for missing or incorrect information that result in the loss of payment transactions. It is important that each subscriber honor the payment obligations to which the subscriber agreed, and you will remain responsible for any uncollected amounts. Accordingly, we reserve the right to retry charging your payment method after failed attempts. In the event that the Company is unable to charge your payment method as authorized by you when you enrolled in a recurring subscription, the Company may suspend your access to the Company Services until the payment method is successfully charged. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. The Company may offer from time to time different products, services, courses, content offerings and features (collectively known as “Add-ons”) that are not included in your subscription plan. There may be an additional cost for Add-ons and Add-ons may have different benefits, conditions, limitations, and additional fees that are not included in your previously purchased subscription plan. The Company reserves the right to offer new subscription plans or change the terms of subscription plans, including price, or adjust the price for products and Company Services or any components thereof in any manner and at any time as determine by the Company in its sole and absolute discretion. Your continued use of the Company Services after the change become effective constitutes your agreement to pay the changed amount or accept the new plan. If you do not agree with the price changes, you have the right to reject the change by cancelling your recurring subscription before the price change goes into effect. Price changes for recurring subscriptions will take effect at the start of the next subscription period following the date of the price change. You must cancel your recurring subscription before it renews in order to avoid your payment method from being charged. At any time, and for any reason, the Company may provide a refund, discount, or other consideration to some or all of its users ("Credits"). The amount and form of such Credits, and the decision to provide them, are at the sole and absolute discretion of the Company. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
10. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
11. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third-party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
12. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, www.weworkinguniversity.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site. You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
13. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY, AND THE COMPANY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARDS TO THE SITE AND ANY THIRD-PARTY CONTENT AND ANY CONTENT MADE AVAILABLE TO YOU THROUGH, WITHIN, OR IN CONJUNCTION WITH YOUR USE OF THE SITE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT GUARANTEE THAT (A) THE SITE WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT THE COMPANY WILL CORRECT ALL SITE ERRORS, OR (B) THE SITE WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE COMPANY IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SITE. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. THE COMPANY IS NOT RESPONSIBLE FOR THE PAYMENT PROCESSOR SERVICE OR ANY OBLIGATIONS OR SERVICES PROVIDED BY INSTRUCTORS OR USERS. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.
14. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S TERMS OF PURCHASE AND REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION. TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO FILE ANY CLAIM YOU MAY HAVE AGAINST THE COMPANY WITHIN ONE MONTH AFTER SUCH CLAIM AROSE. OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
15. The Company makes no representations and does not provide warranties for or about the quality, safety, morality or legality of any course, module, product, profile, bio, description, Instructor, customer, user or the truth or accuracy of Content posted in courses, modules, bios, descriptions, pages or other areas of the Site. The Company does not oversee the performance of instructors or represent that products or services promised by instructors will be delivered or customer orders satisfied. Instructors are legally bound to perform on any promise and/or commitment to purchasing customers and to any promise and/or agreements made between one another. The Company does not pre-screen users, user Content, instructor Content, or third-party Content and you are solely responsible for any damage or loss to any party resulting from your actions or communications through the Site. By using the Site, you acknowledge and agree that all Content you access and actions you take through the Site is at your own risk. The Company is not liable for any damages or losses related to your use of the Site. When you use the Site, you release the Company from claims, damages, and demands of every kind arising out of or in any way related to the Site. The Company does not and is under no obligation to become involved in disputes between users, instructors and or any third-party. You agree that you are solely responsible for your interactions with any other user, instructor or third-party in connection with the Site and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user, instructor or third-party of the Site.
16. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
17. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third-party, (iii) any materials, information, works and/or other Content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
18. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party Content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
19. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
20. The Company may (i) compile statistical and other information related to the performance, operation and use of the Site, and (ii) use data from the Site environment in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as “Service Analyses”). The Company may make Service Analyses publicly available; however, Service Analyses will not incorporate your Content and will be provided in an aggregated and anonymized form. The Company retains all intellectual property rights in Service Analyses.
21. The Company may use tools, scripts, software, and utilities (collectively, the “Tools”) to monitor and administer the Site. The Tools will not collect or store any of your Content residing in the Site environment, except as necessary to provide the Site, Service Analyses or troubleshoot service requests or other problems in the Site. Information collected by the Tools (excluding your Content) may also be used to assist in managing the Company’s product and service portfolio, to help the Company address deficiencies in its product and service offerings, and for the Site management. Our Privacy Policy describes further how we may use any information collected by the Tools.
22. Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Site. You agree that such export laws govern your use of the Site (including technical data) and any Company and Site deliverables provided under this Agreement, and you agree to comply with all such export laws and regulations. You agree that no data, information, software programs, product, Content and/or materials resulting from the Site (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. You agree to comply with all applicable laws and regulations for each purchase and delivery of product.
23. In the event of termination or cancellation of your account under these Terms, the terms in this Terms of Use are continuing shall survive such termination or cancellation, including but not limited to the disclaimers, indemnity, limitations of liabilities, non-disclosure and keeping confidential information secure.
24. The Company shall not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. We will use reasonable efforts to mitigate the effect of a force majeure event. This Section does not excuse the Company’s obligation to take reasonable steps to follow its normal disaster recovery procedures or Your obligation to pay for the Company Services and Site access.
25. These Terms of Use and the other material referenced in them are the entire agreement between you and the Company with respect to the Site. They supersede all other communications and proposals (whether oral, written, or electronic) between you and the Company with respect to the Site and govern our current and future relationship. If any provision of these Terms of Use is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use otherwise will remain in full force and effect and enforceable. The failure of either you or the Company to exercise any right provided for in these Terms of Use in any way won’t be deemed a waiver of any other rights.
26. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Last Updated: December 16, 2019