Effective Date: February 9th, 2023
The use of this website and services on this website provided byAndluca Technologies Inc. (hereinafter referred to as "Company") are subject to thefollowing Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts ofwhich are specifically incorporated by reference here. This Agreement shall govern theuse of all pages on this website (hereinafter collectively referred to as "Website") andany services provided by or on this Website ("Services").
The parties referred to in this Agreement shall be defined as follows:a) Company, Us, We: The Company, as the creator, operator, and publisher of theWebsite, makes the Website, and certain Services on it, available to users. AndlucaTechnologies Inc., Company, Us, We, Our, Ours and other first-person pronounswill refer to the Company, as well as all employees and affiliates of the Company.b) You, the User, the Client: You, as the user of the Website, will be referred tothroughout this Agreement with second-person pronouns such as You, Your, Yours,or as User or Client.c) Parties: Collectively, the parties to this Agreement (the Company and You) will bereferred to as Parties.
By using the Website, You warrant that You have read and reviewed this Agreementand that You agree to be bound by it. If You do not agree to be bound by thisAgreement, please leave the Website immediately. The Company only agrees to provideuse of this Website and Services to You if You assent to this Agreement.
The Company may provide You with certain information as a result of Your use of theWebsite or Services. Such information may include, but is not limited to, documentation,data, or information developed by the Company, and other materials which may assist inYour use of the Website or Services ("Company Materials"). Subject to this Agreement,the Company grants You a non-exclusive, limited, non-transferable and revocablelicense to use the Company Materials solely in connection with Your use of the Websiteand Services. The Company Materials may not be used for any other purpose, and thislicense terminates upon Your cessation of use of the Website or Services or at thetermination of this Agreement.
You agree that the Website and all Services provided by the Company are the propertyof the Company, including all copyrights, trademarks, trade secrets, patents, and otherintellectual property ("Company IP"). You agree that the Company owns all right, titleand interest in and to the Company IP and that You will not use the Company IP for anyunlawful or infringing purpose. You agree not to reproduce or distribute the Company IPin any way, including electronically or via registration of any new trademarks, tradenames, service marks or Uniform Resource Locators (URLs), without express writtenpermission from the Company.
You agree not to use the Website or Services for any unlawful purpose or any purposeprohibited under this clause. You agree not to use the Website or Services in any waythat could damage the Website, Services, or general business of the Company.a) You further agree not to use the Website or Services:I) To harass, abuse, or threaten others or otherwise violate any person's legalrights;II) To violate any intellectual property rights of the Company or any third party;III) To upload or otherwise disseminate any computer viruses or other softwarethat may damage the property of another;IV) To perpetrate any fraud;V) To engage in or create any unlawful gambling, sweepstakes, or pyramidscheme;3/8VI) To publish or distribute any obscene or defamatory material;VII) To publish or distribute any material that incites violence, hate, ordiscrimination towards any group;VIII) To unlawfully gather information about others.
Through Your Use of the Website and Services, You may provide Us with certaininformation. By using the Website or the Services, You authorize the Company to useYour information in the United States and any other country where We may operate.a) Information We May Collect or Receive: Depending on how You use Our Websiteor Services, We may receive information from external applications You use toaccess Our Website, or We may receive information through various webtechnologies, such as cookies, log files, clear gifs, web beacons or others.b) How We Use Information: We use the information gathered from You to ensureYour continued good experience on Our website. We may also track certain of thepassive information received to improve Our marketing and analytics, and for this,We may work with third-party providers, including other marketers.c) How You Can Protect Your Information: If You would like to disable Our access toany passive information We receive from the use of various technologies, You maychoose to disable cookies in Your web browser.
The Website and Services are provided for communication purposes only. Youacknowledge and agree that any information posted on Our Website is not intended tobe legal advice, medical advice, or financial advice, and no fiduciary relationship hasbeen created between You and the Company. You further agree that Your purchase ofany of the products on the Website is at Your own risk. The Company does not assumeresponsibility or liability for any advice or other information given on the Website.
You agree not to undertake any of the following actions:a) Reverse engineer, or attempt to reverse engineer or disassemble any code orsoftware from or on the Website or Services;b) Violate the security of the Website or Services through any unauthorized access,circumvention of encryption or other security tools, data mining or interference toany host, user or network.
The Company does not accept responsibility for the security of Your account or content.You agree that Your use of the Website or Services is at Your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable)and hold Us harmless against any and all legal claims and demands, includingreasonable attorney's fees, which may arise from or relate to Your use or misuse of theWebsite or Services, Your breach of this Agreement, or Your conduct or actions. Youagree that the Company shall be able to select its own legal counsel and may participatein its own defense, if the Company wishes.
You are strictly prohibited from using the Website or any of the Company's Services forillegal spam activities, including gathering email addresses and personal informationfrom others or sending any mass commercial emails.
The Company may occasionally post links to third party websites or other services. Youagree that the Company is not responsible or liable for any loss or damage caused as aresult of Your use of any third party services linked to from Our Website.
The Company may, from time to time and at any time without notice to You, modify thisAgreement. You agree that the Company has the right to modify this Agreement orrevise anything contained herein. You further agree that all modifications to thisAgreement are in full force and effect immediately upon posting on the Website and thatmodifications or variations will replace any prior version of this Agreement, unless priorversions are specifically referred to or incorporated into the latest modification orvariation of this Agreement.a) To the extent any part or sub-part of this Agreement is held ineffective or invalidby any court of law, You agree that the prior, effective version of this Agreementshall be considered enforceable and valid to the fullest extent.b) You agree to routinely monitor this Agreement and refer to the Effective Dateposted at the top of this Agreement to note modifications or variations. You furtheragree to clear Your cache when doing so to avoid accessing a prior version of thisAgreement. You agree that Your continued use of the Website after anymodifications to this Agreement is a manifestation of Your continued assent to thisAgreement.c) In the event that You fail to monitor any modifications to or variations of thisAgreement, You agree that such failure shall be considered an affirmative waiver ofYour right to review the modified Agreement.
This Agreement constitutes the entire understanding between the Parties with respect toany and all use of this Website. This Agreement supersedes and replaces all prior orcontemporaneous agreements or understandings, written or oral, regarding the use ofthis Website.
The Company may need to interrupt Your access to the Website to performmaintenance or emergency services on a scheduled or unscheduled basis. You agreethat Your access to the Website may be affected by unanticipated or unscheduleddowntime, for any reason, but that the Company shall have no liability for any damage orloss caused as a result of such downtime.
The Company may terminate this Agreement with You at any time for any reason, withor without cause. The Company specifically reserves the right to terminate thisAgreement if You violate any of the terms outlined herein, including, but not limited to,violating the intellectual property rights of the Company or a third party, failing to complywith applicable laws or other legal obligations, and/or publishing or distributing illegalmaterial. If You have registered for an account with Us, You may also terminate thisAgreement at any time by contacting Us and requesting termination. At the terminationof this Agreement, any provisions that would be expected to survive termination by theirnature shall remain in full force and effect.
You agree that Your use of the Website and Services is at Your sole and exclusive riskand that any Services provided by Us are on an "As Is" basis. The Company herebyexpressly disclaims any and all express or implied warranties of any kind, including, butnot limited to the implied warranty of fitness for a particular purpose and the impliedwarranty of merchantability. The Company makes no warranties that the Website orServices will meet Your needs or that the Website or Services will be uninterrupted,error-free, or secure. The Company also makes no warranties as to the reliability oraccuracy of any information on the Website or obtained through the Services. You agreethat any damage that may occur to You, through Your computer system, or as a result ofloss of Your data from Your use of the Website or Services is Your sole responsibilityand that the Company is not liable for any such damage or loss.
The Company is not liable for any damages that may occur to You as a result of Youruse of the Website or Services, to the fullest extent permitted by law. The maximumliability of the Company arising from or relating to this Agreement is limited to the greaterof one hundred ($100) US Dollars or the amount You paid to the Company in the last six(6) months. This section applies to any and all claims by You, including, but not limitedto, lost profits or revenues, consequential or punitive damages, negligence, strict liability,fraud, or torts of any kind.
a) LANGUAGE: All communications made or notices given pursuant to thisAgreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Websiteor Services, You agree that the laws of the State of New Jersey shall govern anymatter or dispute relating to or arising out of this Agreement, as well as any disputeof any kind that may arise between You and the Company, with the exception of itsconflict of law provisions. In case any litigation specifically permitted under thisAgreement is initiated, the Parties agree to submit to the personal jurisdiction of thestate and federal courts of the following county: Mercer County, New Jersey. TheParties agree that this choice of law, venue, and jurisdiction provision is notpermissive, but rather mandatory in nature. You hereby waive the right to anyobjection of venue, including assertion of the doctrine of forum non conveniens orsimilar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising outof this Agreement, the Parties shall first attempt to resolve the dispute personallyand in good faith. If these personal resolution attempts fail, the Parties shall thensubmit the dispute to binding arbitration. The arbitration shall be conducted in thefollowing county: Mercer County. The arbitration shall be conducted by a singlearbitrator, and such arbitrator shall have no authority to add Parties, vary theprovisions of this Agreement, award punitive damages, or certify a class. Thearbitrator shall be bound by applicable and governing Federal law as well as the lawof the following state: New Jersey. Each Party shall pay their own costs and fees.Claims necessitating arbitration under this section include, but are not limited to:contract claims, tort claims, claims based on Federal and state law, and claimsbased on local laws, ordinances, statutes or regulations. Intellectual property claimsby the Company will not be subject to arbitration and may, as an exception to thissub-part, be litigated. The Parties, in agreement with this sub-part of thisAgreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not beassigned, sold, leased or otherwise transferred in whole or part by You. Should thisAgreement, or the rights granted hereunder, by assigned, sold, leased or otherwisetransferred by the Company, the rights and liabilities of the Company will bind andinure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid orunenforceable by a court of law or competent arbitrator, the remaining parts andsub-parts will be enforced to the maximum extent possible. In such condition, theremainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement,this shall not constitute a waiver of any future enforcement of that provision or of any8/8other provision. Waiver of any part or sub-part of this Agreement will not constitute awaiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts underthis Agreement are for convenience and organization, only. Headings shall notaffect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership,or joint venture has been created between the Parties as a result of this Agreement.No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due tocauses beyond its reasonable control including, but not limited to, acts of God, actsof civil authorities, acts of military authorities, riots, embargoes, acts of nature andnatural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communicationsare permitted to both Parties under this Agreement, including e-mail or fax. For anyquestions or concerns, please email Us at the following address:firstname.lastname@example.org.