THE CONTENT IN OUR SERVICES AND OUR NEWSLETTER IS INTENDED TO BE USED FOR EDUCATIONAL, RESEARCH AND INFORMATIONAL PURPOSES ONLY. WE ARE AN EDUCATIONAL PLATFORM. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, SUITABILITY OR VALIDITY OF ANY INFORMATION OR CONTENT PROVIDED IN OUR SERVICES, OUR NEWSLETTER OR ON THIS WEBSITE.
WE ARE NOT AN INVESTMENT ADVISOR, AND OUR NEWSLETTER, WEBSITE OR APP IS NOT A PLACE FOR THE GIVING OR RECEIVING OF FINANCIAL ADVICE, guidance CONCERNING INVESTMENT DECISIONS OR TAX OR LEGAL ADVICE. WE ARE NOT REGULATED BY ANY FINANCIAL SERVICES REGULATORY AGENCIES.
NO CONTENT IN OUR NEWSLETTER, WEBSITE OR APP CONSTITUTES, NOR SHOULD IT BE UNDERSTOOD AS CONSTITUTING, A RECOMMENDATION TO ENTER IN ANY INVESTMENT. WE DO NOT PROVIDE PERSONALIZED RECOMMENDATIONS OR VIEWS AS TO WHETHER AN INVESTMENT APPROACH IS SUITED TO THE FINANCIAL NEEDS OF A SPECIFIC INDIVIDUAL, INCLUDING YOU. IT IS VERY IMPORTANT TO DO YOUR OWN ANALYSIS AND DUE DILIGENCE BEFORE MAKING ANY INVESTMENT BASED ON YOUR OWN PERSONAL CIRCUMSTANCES.
PAST PERFORMANCE, WHETHER ACTUAL OR INDICATED BY HISTORICAL RESULTS, IS NO GUARANTEE OF FUTURE PERFORMANCE OR SUCCESS. ACCORDINGLY, WE WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE, IN RESPECT OF ANY DAMAGE, EXPENSE OR OTHER LOSS YOU MAY SUFFER ARISING OUT OF INFORMATION, OR ANY RELIANCE YOU MAY PLACE UPON INFORMATION, YOU RECEIVE FROM OUR NEWSLETTER, WEBSITE OR APP.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Eligibility for Our Service
By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
2. Our Service
a. Infoxir provides users with a daily email Newsletter delivered Monday through Friday. The Newsletter includes interesting and informative content, and provides the user with links to websites and valuable resources from the internet that have been carefully selected and curated by the Infoxir staff.
b. The Services and products available from Infoxir are for your personal use only. You may not sell or resell any of the Services, our Newsletter or products we provide to you or which you otherwise receive from us.
c. Any modifications and new features added to the Service are also subject to this Agreement.
d. Infoxir reserves the right to modify or discontinue the Service, our Newsletter or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service, our Newsletter and their components (including all intellectual property rights) will remain with, and belong exclusively to, Infoxir.
3. Accounts and Registration
a. To access the features of the Service, including our Newsletter paid subscription services plans, you will be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself including, but not limited to, your name, date of birth, e-mail address and phone number. Some of this information may be of a confidential nature and may include personal identifying information (all "Personal Information" or "Your Information").
b. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
4. Account Management
a. If you have been issued an account by Infoxir in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You, and not Infoxir, are responsible for any activity and purchases occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Infoxir immediately.
b. As a function of providing our Services Infoxir may send text messages to your mobile phone or notices to the email address registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details associated with your account current and accurate. Text message costs may apply and are the user’s responsibility, not that of Infoxir.
c. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
d. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
e. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
5. Paid Subscription Plans; Refund Policy
Infoxir offers automatically renewable and payable monthly and annual Newsletter subscription plans (“Subscription Plans”) for our users. We also offer Educators, Nonprofit Organizations and Researchers a fifteen percent (15%) discount on an annual Subscription Plan. If you have a group of five (5) or more (including corporate users) we can offer you a Group Subscription Plan rate. For a Group Subscription Plan, please email us at email@example.com and we will provide you with further information. The features, subscriber rights, terms and prices of these paid Subscription Plans may change from time to time and the most current descriptions and prices may be found on our Subscription Plan page here (https://www.infoxir.com/subscriptions/).
a. By completing your registration for a paid Subscription Plan, you authorize Infoxir, or its secure third party payment processor, to charge your payment method on a recurring periodic basis for: (i) the applicable paid Subscription Plan charges; (ii) any and all applicable taxes; and (iii) any other charges incurred in connection with your use of the Infoxir services. The authorization continues through the subscription term, and any renewal term, until the subscriber cancels the paid Subscription Plan.
b. By purchasing a paid Subscription Plan, you expressly acknowledge and agree that (i) your subscription has an initial and recurring periodic payment feature, and Infoxir (or our third party payment processor) is authorized to automatically charge your payment method at the then-current paid Subscription Plan rate for your subscription period as long as your subscription continues, and (ii) your paid Subscription Plan is continuous and will be automatically extended for successive subscription periods until you cancel it.
c. You may cancel your paid Subscription Plan at any time, by logging into your account or emailing us at firstname.lastname@example.org and following the instructions, if any, we provide you in response to your cancellation request. If you cancel, you will not be entitled to a refund but you may continue to use your paid Subscription Plan until the end of your then-current paid-up subscription term.
d. Infoxir may submit periodic subscription charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Infoxir reasonably could act.
e. In the event you cancel your paid Subscription Plan, please note that we may still send you promotional communications about Infoxir, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein
6. Trial Subscriptions
Infoxir offers new subscribers a free trial subscription period ("Trial Subscription"). The duration of the Trial Subscription will be two (2) weeks. Trial Subscriptions are limited to new Newsletter subscribers only. Upon the expiration of the Trial Subscription, the first paid Monthly Subscription Plan Fee for the Service will be automatically charged to the payment method you provided when you created your account unless you cancel the Trial Subscription prior to its expiration.
a. All prices displayed in our Services are in U.S. dollars unless otherwise indicated.
b. All applicable taxes and other charges are additional and your responsibility.
c. We reserve the right in our sole discretion to change prices at any time and without notice. Any price change will be applied to the next subscription period.
a. For paid Subscription Plan purchases you agree that by providing Infoxir with your method of payment information, you authorize us to charge you for the subscription purchase using the secure third party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
b. You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account and subscription. Your notice to us will not affect charges to your account before we reasonably could act on your request.
c. You agree that we may charge you, and you will pay to Infoxir, any fee or penalty that is assessed or charged to us for a "Chargeback" resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
9. In App Purchases
Infoxir may now, or in the future, provide you with the ability to make purchases of products and services through an “In App Purchase” option using a secure third party payment processing service. If you choose to make an In App Purchase, you will be prompted to confirm your purchase with the applicable payment processor, and provide them with your preferred method of payment, which will then be charged at the prices displayed to you at the time of purchase, along with any sales tax or other charges. You authorize Infoxir to charge, the payment method you specify at the time of purchase. Infoxir does not receive or store your method of payment information. If you have any questions regarding your method of payment information, you will need to contact the secure third party payment processing service. Please contact us at email@example.com for instructions on how to contact the payment service.
10. Your License, Access and Use of our Services
a. Subject to your continued compliance with this Agreement, Infoxir grants you, a limited, non-exclusive, revocable, non-sub-licensable, worldwide, license to access and use the Infoxir Services and our Newsletter solely for your personal, non commercial use. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause.
c. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services and our Newsletter; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services and our Newsletter; (iii) you shall not access the Services and the Newsletter in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services and Newsletter may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services and Newsletter shall be subject to these Terms.
d. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services and Newsletter without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services and Newsletter or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services and Newsletter, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
e. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
f. Our Services may now, or in the future, have "publicly accessible areas" that allow users to post user content (“User Content”) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Infoxir shall not, under any circumstances, be liable in any way for any User Content.
g. You understand that Infoxir may issue upgrade versions of any mobile App and you consent to receiving automatic upgrades on your mobile device. You also acknowledge and agree that standard carrier data charges may apply to your use of the Service including, without limitation, text messages.
h. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services and Newsletter without our prior written permission.
i. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services and Newsletter.
11. Suspension and Termination of Services
b. Infoxir may also suspend the Services and the delivery of the Newsletter to you if we are investigating suspected misconduct by you. Infoxir will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
c. Users who have been terminated or suspended will not be eligible for a refund of any kind for the termination or the period of suspension.
12. Information Accuracy
a. We make every effort to ensure that information on our Website, in our App and in our Newsletter, is complete, accurate and current. Despite our best efforts, this information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information in our Website, App and Newsletter.
b. We endeavor to provide our user with links to information and resources that are free, however we do not guarantee that all information and content will be without a fee or a charge.
c. Furthermore, information in our Website, App and Newsletter may contain typographical errors or omissions. We reserve the right to correct or make changes to such information without notice to you.
13. Proprietary Rights
As between Infoxir and you, Infoxir, or its licensors, own and reserve all right, title and interest in, and to, the Newsletter, our Services and all hardware, software and other items used to provide the Services and the Newsletter, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to, or ownership of, any proprietary rights related to the Services and the Newsletter is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Infoxir.
14. Intellectual Property Rights
a. Our names, graphics, avatars, videos, logos, page headers, button icons, scripts, and service names in the Website, App and the Newsletter are our trademarks or trade dress in the United States and/or other countries (collectively the "Proprietary Marks"), and are owned by Infoxir or licensed to us. You may not use the Proprietary Marks without our prior written permission.
b. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services including, without limitation, those owned by any participating merchants accessible via our Services. Any third-party names, copyrights, trademarks and service marks are property of their respective owners and users may not use them without independently obtaining a right to do so from the owner.
c. The information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from our Website, App and Newsletter (collectively, "Our Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, audio files, line art, icons and renditions, are copyrighted by Infoxir, or otherwise licensed to us by Our Content suppliers.
d. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the "Collective Work") in our Website, App and Newsletter.
e. All software used on, or within our Services is our property, or the property of our software vendors, and is protected by United States and international copyright laws. Viewing, reading, printing, listening to, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
f. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
15. Use of Our Content
a. We grant you a limited, revocable, non-exclusive, non-sub licensable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices (i.e. Copyright and Trademark) or materials with regard to the foregoing.
b. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
16. Interruption of Service
a. Your access and use of our Services or Newsletter may be interrupted from time to time for any of several reasons, including, without limitation, inability to access a network to connect to the internet from your location, the malfunction of your or our equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
b. You agree that we will not be liable to you or to any third party, financially or otherwise, for any interruption of the Newsletter, our Services or any part thereof.
17. Third Party Links Disclaimer; Resources, Products, Services and Content
18. Infoxir Mobile App Software License
We may now, or in the future, make software available to users in order to access the Infoxir mobile App via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Infoxir does not warrant that the Mobile Software will be compatible with your mobile device. Infoxir hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Infoxir account on a mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright, trademark and other proprietary rights notices on the Mobile Software. You acknowledge that Infoxir may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Infoxir or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Infoxir reserves all rights not expressly granted under this Agreement. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Infoxir App.
19. Mobile Application from a Third Party App Store
The following applies to any App Store Sourced Application accessed through or downloaded from a Third Party App Store:
b. You acknowledge that the Third Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
c. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the Third Party App Store, and the Third Party App Store will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, the Third Party App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Infoxir and the Third Party App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Infoxir.
d. You and Infoxir acknowledge that, as between Infoxir and the Third Party App Store, the Third Party App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e. You and Infoxir acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Infoxir and the Third Party App Store, Infoxir, not the Third Party App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
f. You and Infoxir acknowledge and agree that the Third Party App Store, and their subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, the Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
20. Electronic Communications
a. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
b. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
21. Third Party Social Networking
Violating the security of our Services is prohibited and may result in criminal and civil liability. Infoxir may investigate incidents involving such violations and may involve, and will cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to, or use of, data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
23. Privacy and Your Personal Information
24. Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any Content on the Services, or in the Newsletter, that allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person's intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
A valid complaint under the DMCA must provide the following information in writing:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
b. Identification of the copyrighted work that you claim has been infringed.
c. Identification of the material that is claimed to be infringing and where it is located on the Service.
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. The above information must be submitted to the Copyright Agent at: firstname.lastname@example.org.
25. Disclaimers; No Warranties
a. ALL CONTENT, INFORMATION, ADVICE, RECOMMENDATIONS, DIRECTIONS, SERVICES, PRODUCTS AND SOFTWARE AVAILABLE FROM INFOXIR AND OUR NEWSLETTER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INFOXIR AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “INFOXIR PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE CONTENT INFORMATION, ADVICE, RECOMMENDATIONS, DIRECTIONS, SERVICES OR PRODUCTS AVAILABLE FROM INFOXIR AND OUR NEWSLETTER WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY INFORMATION, ADVICE, RECOMMENDATIONS, DIRECTIONS, SERVICES OR PRODUCTS OBTAINED BY YOU FROM OR THOUGH INFOXIR AND OUR NEWSLETTER WILL MEET YOUR EXPECTATIONS.
c. OUR SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS WEBSITE, IN OUR APP AND IN OUR NEWSLETTER MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS WEBSITE, IN OUR APP AND IN OUR NEWSLETTER, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
d. THE INFOXIR PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
e. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, THE APP AND OUR NEWSLETTER IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THESE MEDIUM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH OUR SERVICES.
f. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
g. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
26. Limitation of Liability
a. IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR WEBSITE, OUR APP AND OUR NEWSLETTER; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR WEBSITE, OUR APP AND OUR NEWSLETTER FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON, OR USE OF, OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR WEBSITE, OUR APP AND OUR NEWSLETTER.
c. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, PUBLIC HEALTH EMERGENCIES, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
d. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT, OR ANY NEWSLETTER SUBSCRIPTION, SHALL NOT, IN THE AGGREGATE FOR ALL CLAIMS, EXCEED $100.
e. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR WEBSITE, OUR APP AND OUR NEWSLETTER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f. CERTAIN STATE OR JURISDICTIONAL 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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
a. You agree that you will be personally responsible for your use of our Website, our App and our Newsletter; and you further agree to defend, indemnify and hold harmless Infoxir and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any serious emotional or physical harm, including death, to you or any third party resulting from your use of our Website, our App and our Newsletter; or products purchased though the Service.
b. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
a. In exchange for your right to use our Website, our App and our Newsletter, you release, to the maximum extent allowed by law, Infoxir, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services, including any products or merchandise purchased through the use of our Service including, without limitation, any death or serious emotional or serious physical harm.
b. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
29. Governing Law
This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws principles. The parties hereby waive any right to a jury trial and consent to the exclusive jurisdiction and venue in the State of Florida.
30. Our Remedies
a. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
b. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of the State of Florida. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
31. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You and Infoxir agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Infoxir (including any claim or dispute between you and a third-party agent of Infoxir) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of Infoxir or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
a. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Florida, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Infoxir, except as otherwise stated in this Agreement.
b. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Infoxir, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and Infoxir are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
c. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND INFOXIR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND INFOXIR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
d. Pre-Arbitration Dispute Resolution. We at Infoxir believe that most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Infoxir should be sent to the address provided in the Contact Us section at the end of these Terms of Service ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Infoxir and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Infoxir may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Infoxir or you shall not be disclosed to the arbitrator during the arbitration proceeding.
e. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Infoxir and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Infoxir agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys' fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
h. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Florida. You and we agree to submit to the personal jurisdiction of the courts located within the State of Florida for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Florida; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Florida.
32. Law Enforcement
a. Infoxir is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Infoxir receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
b. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Infoxir may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Infoxir will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
33. Statutory Rights; Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Website.
34. Amendments to this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
36. No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
37. Entire Understanding
If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at firstname.lastname@example.org or mail us here:
66 West Flagler Street, Suite 900
Miami, FL 33130
Last updated: October 18, 2022