Limitation of Liability
Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, right, or remedy that the User may have under applicable law that cannot be lawfully excluded or limited (“non-excludable rights”).
To the fullest extent permitted by law, our liability to the User—including liability for breach of a non-excludable right or any liability not otherwise excluded under these Terms—is limited, at our sole discretion, to the re-performance of the relevant services.
Changes to These Terms
We reserve the right to amend or modify these Terms at any time. In such cases, Users will be appropriately informed of the updates.
Any changes will apply only to future interactions and will not affect rights or obligations that arose prior to the modification.
By continuing to use the Service after changes become effective, the User agrees to be bound by the updated Terms. If a User does not agree to the revised Terms, they must discontinue use of the Service. Refusal to accept the updated Terms may result in termination of the Agreement by either party.
The version of the Terms in effect prior to acceptance of the updated Terms will govern the relationship up to that point. Users may request access to previous versions where applicable.
Indemnification
The User agrees to defend, indemnify, and hold harmless the Owner and its affiliates, subsidiaries, officers, directors, agents, partners, suppliers, and employees from and against any claims, demands, damages, losses, liabilities, costs (including reasonable legal fees) arising out of or related to:
- The User’s use of or access to the Service, including any content or data transmitted or submitted by the User.
- The User’s violation of these Terms, including any breach of representation or warranties.
- The User’s violation of any third-party rights, including privacy rights or intellectual property rights.
- The User’s violation of any applicable law, rule, or regulation.
- Any content submitted through the User’s account, including unauthorized access resulting from the User’s failure to safeguard login credentials or security measures.
- The User’s willful misconduct or negligent actions, to the extent permitted by applicable law.