Terms & Conditions Nexlev
Nexlev Analytics LLP doing business as “NEXLEV” (“the Company”, “we,” “us”, “our”), registered under the laws of the United Kingdom, provides access to the website, currently located at https://www.nexlev.io/ (the “Site”) which provides a subscription service wherein users of the Site can use the specialized data scraping service, https://app.nexlev.io/, that scans and indexes content on Youtube.com (“Services”). These terms of use (“Terms”) govern your access and use (as a registered user or otherwise) of the Site. By accessing or using the Site you accept and agree to be bound by these Terms. These Terms supplement the Privacy Policy, the content of which is incorporated herein as if by specific reference.
1. SCOPE
A.These Terms apply to any person who accesses or uses the Site (referred to collectively as "Users", "you", or "your").
B. Users may be subject to additional terms and conditions as imposed by the Company, and, the Site.
C. No charge is made for your use of the Site (unless otherwise stated or when purchases are made through the Site), although you should be aware that charges for Internet use may apply at rates determined by your provider. The Company reserves the right to change the services, products, and programs mentioned in this Site at any time, at its sole discretion.
D. The Company reserves the right to seek all remedies available by law in equity for any violation of these Terms and any grants not expressly granted herein are reserved by the Company.
2. SERVICES MAY USE YOUTUBE'S APPLICATION INTERFACE PROGRAM
By using the Services, you are agreeing to be bound by YouTube's Terms of Service which can be reviewed here: https://www.youtube.com/static?template=terms.
3. UK-BASED WEBSITE
This Site is controlled and operated by the Company from the United Kingdom, and, except as expressly set forth herein, is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of the United Kingdom. The Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United Kingdom. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations. The Company may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction the Company chooses, at any time and in the Company's sole and absolute discretion.
4. PURCHASES
A. In order to access the Application, you will be required to create a User Account.
B. The Company shall charge a fee and will receive and/or enable payment for Services purchased through the Site.
C. As at the date of these Terms, payment may be made, free of any setoff or deduction in the following methods: debit/credit card with Stripe, however, third-party payment processing services may be amended from time to time without any further notice to you. The User further specifically warrants that User is specifically authorized to use the payment method in the User Account and specifically indemnifies the Company against any loss or harm that may be caused by unauthorized use of the payment method in the User Account. The User grants the Company the express written consent to deduct payment for any of the Purchases made reference to in this Section 4.
D. Refund Eligibility. Refunds are only available to first-time subscribers within 14 days of the initial payment made after any free trial. You are not entitled to a new 14-day cooling-off period for each subsequent monthly renewal. When the UK Digital Markets, Competition and Consumers Act 2024 (“DMCC”) comes into force, additional cancellation rights may apply in the following situations:
- Where your subscription begins with a concessionary period, such as a free trial, you will be entitled to a 14-day cancellation period following the end of that concessionary period; or
- Where you commit to a significant renewal period of 12 months or more.
E. We reserve the right to refuse or cancel your order in the event of fraud, illegal or unauthorized use of any payment method.
5. SUBSCRIPTION
A. You may choose to purchase a lifetime plan for the Service. The subscription plan to our Service consists of a one time payment and will provide life-time access. By entering into this Agreement, you acknowledge that your Subscription has a one time payment for the service and additional credits can be purchased separately.
B. The user can cancel their subscription via the dashboard on their User Account and will take effect at the end of the billing period.
C. Promotional codes/discounts are only valid on the initial order.
D. Kindly note that any of the subscription plans can be suspended or canceled at any time. However, you will not be eligible for a refund.
E. We reserve the right at our absolute discretion to cancel your Subscription at any time without giving any reasons for our decision.
F. Where a Subscription is cancelled, suspended, terminated, or otherwise ends for any reason, any Pay-as-You-Go credit balance held on the User Account is forfeited in accordance with Section 6B.
6. PAY-AS-YOU-GO
A. Definitions."Pay-as-You-Go" or "PAYG" means the optional prepaid billing facility under which a User may purchase a credit balance ("PAYG Credits") and draw down against that balance in order to access those Services which the Company designates from time to time as being available on a pay-as-you-go basis ("PAYG Tools"). PAYG Credits represent a prepaid entitlement to receive the Services and do not constitute money, a deposit, electronic money, a stored value instrument, or any form of property. No interest accrues on any PAYG Credit balance.
B. Eligibility and Requirement of an Active Subscription. Pay-as-You-Go is available only to Users holding an active paid Lite or Pro plan. Users on the free tier are not eligible to enable, hold, or spend PAYG Credits, and any attempt to do so may result in restriction of the User Account under Section 14.
B.1.An active paid Lite or Pro plan is a continuing condition of holding PAYG Credits. Where a User's paid plan comes to an end for any reason, including but not limited to voluntary cancellation by the User, downgrade to the free tier, expiry, suspension or termination by the Company under Section 5D, 5E or Section 14, or lapse arising from a failed, declined, reversed or uncollected payment, any PAYG Credits then remaining on the User Account shall be forfeited in full and with immediate effect.
B.2. The User acknowledges that forfeiture under Section 6B.1 applies irrespective of whether the ending of the paid plan was intentional or unintentional on the part of the User, and irrespective of whether the PAYG Credits forfeited were purchased Credits or Promotional Credits. Forfeited PAYG Credits carry no entitlement to any refund, credit note, replacement, or payment in money.
B.3. Forfeited PAYG Credits are not restored, reinstated, or reissued upon any subsequent resubscription, reactivation, or successful re-collection of payment, and any new PAYG Credit balance must be purchased afresh in accordance with Section 6D.
B.4.It is the User's responsibility to maintain valid and current payment details on the User Account and to spend any PAYG Credit balance prior to cancelling or allowing the lapse of the paid plan. The Company is under no obligation to notify the User of an impending lapse, of a failed or declined payment, or of the forfeiture of any PAYG Credit balance, and no such notification shall be implied from any notification the Company may have sent on any previous occasion.
C. Activation. Pay-as-You-Go must be enabled by the User within the User Account dashboard. By enabling Pay-as-You-Go, the User authorises the Company and its payment processor to charge the payment method held on the User Account for each top-up the User requests, and repeats the warranties and indemnity set out in Section 4C in respect of that payment method.
D. Top-ups.Each individual top-up transaction shall be for a minimum of USD 20.00 and a maximum of USD 10,000.00. The maximum stated in this Section 6D applies to each top-up transaction and not to the aggregate PAYG Credit balance a User may hold, and a User may accordingly make more than one top-up, subject always to the Company's rights under this Section 6D. All amounts are stated in United States Dollars and are exclusive of VAT and any other applicable sales, use, or similar taxes, which shall be calculated and added at checkout on the basis of the User's place of supply. The PAYG Credits added to the User's balance shall equal the net top-up amount selected by the User, and any tax charged in addition is not credited to the balance. PAYG Credits are added to the User's balance upon successful settlement of the corresponding payment. The Company may, at its sole and absolute discretion, refuse, reverse, or impose limits upon any top-up, including for reasons of fraud prevention, sanctions screening, or payment risk.
E. Promotional Credits.The Company grants complimentary PAYG Credits to the value of USD 5.00 to Users on the Pro plan and USD 2.00 to Users on the Lite plan ("Promotional Credits"). Promotional Credits are granted once only per User Account, upon the User first enabling Pay-as-You-Go, at the value corresponding to the plan then held by the User. No further Promotional Credits are granted upon any subsequent renewal, upgrade, downgrade, re-subscription, reactivation, or repeat enabling of Pay-as-You-Go, and a User who received Promotional Credits at the Lite value is not entitled to any further grant or top-up of Promotional Credits upon moving to the Pro plan. Promotional Credits are granted free of charge, carry no cash value, are non-refundable, non-transferable, and may not be withdrawn, exchanged, or paid out in money under any circumstances. Upon being granted, Promotional Credits are added to and form part of a single PAYG Credit balance on the User Account. The Company does not maintain any distinction between Promotional Credits and purchased PAYG Credits for the purposes of consumption, and no order of priority applies between them. Promotional Credits do not expire and are subject to Sections 6B and 6H in the same manner as purchased PAYG Credits, and accordingly are forfeited in full where the User's paid plan comes to an end for any reason. The Company may withdraw, vary, or void Promotional Credits at any time where it determines in its sole discretion that a User has created multiple accounts or otherwise sought to obtain Promotional Credits in excess of the intended allocation.
F. PAYG Tools. As at the date of these Terms, Pay-as-You-Go is available in respect of the following PAYG Tools: (i) NexLev MCP; and (ii) Thumbnail Lab. The Company intends to make further Services available on a pay-as-you-go basis in the future. The Company may at any time and at its sole and absolute discretion add, rename, modify, suspend, or withdraw any PAYG Tool, and may vary the rate at which PAYG Credits are consumed by any PAYG Tool. The rates in force at any time are those published within the User Account dashboard, and those published rates shall prevail over any other statement of rates appearing elsewhere.
F.1. Rate Changes.Where the Company increases the rate at which PAYG Credits are consumed by a PAYG Tool, it shall give the User advance notice of the change before it takes effect. Notice may be given by email to the address held on the User Account, by notice within the User Account dashboard, or by publication of the revised rates on the Site, and shall be deemed given upon being sent or published. The revised rate applies to all requests submitted on or after the date the change takes effect. The Company gives no undertaking as to the length of the notice period, and the User's continued use of a PAYG Tool after the change takes effect constitutes acceptance of the revised rate. This Section 6F.1 applies to increases only, and the Company may reduce a rate, or introduce a rate for a newly added PAYG Tool, with immediate effect and without notice.
G. Consumption.PAYG Credits are consumed at the point at which a request is submitted to a PAYG Tool and are deducted from the User's balance accordingly. Save where a failure of delivery is attributable to a fault of the Company, PAYG Credits consumed by a request are consumed irrespective of whether the User considers the resulting output to be satisfactory, accurate, complete, or fit for the User's purpose, and Sections 17, 18, and 19 apply in full to all output generated by any PAYG Tool.
G.1. Technical Failure.Where a request to a PAYG Tool fails to return an output as a result of a technical failure attributable to the Company, the PAYG Credits consumed by that request shall be re-credited to the User's PAYG Credit balance. Such re-crediting may be applied automatically or upon the User contacting the Company at contact@nexlev.io, and re-crediting to the User's balance is the sole and exclusive remedy available to the User in respect of such a failure. This Section 6G.1 does not apply where the failure arises from the User's own act or omission, from the User's equipment or connection, from any Third Party Service within the meaning of Section 9 including the YouTube application programming interface, or from any cause beyond the Company's reasonable control. The Company shall determine, acting reasonably, whether a given failure falls within this Section 6G.1. Where a User's PAYG Credit balance is insufficient to meet the cost of a request, that request will be declined and the relevant PAYG Tool will be unavailable until the balance is topped up.
H. No Expiry, Subject to Section 6B. PAYG Credits are not subject to any expiry date and do not lapse through the passage of time or through inactivity on the User Account. This Section 6H is subject in all respects to Section 6B, and accordingly PAYG Credits remain available to the User only for so long as the User continuously holds an active paid Lite or Pro plan.
I. Refunds. PAYG Credits are final once credited to the User Account. Save as set out in this Section 6I, no top-up is refundable, in whole or in part, whether the PAYG Credits purchased have been spent or remain unspent, and whether the request is made before or after any lapse or forfeiture under Section 6B. The 14-day refund window described in Sections 4D and 13A applies to first-time subscription payments only and does not apply to Pay-as-You-Go top-ups.
I.1. By requesting a top-up, the User expressly requests that the Company make the PAYG Credits available immediately, and acknowledges that the PAYG Credits are supplied at the moment they are credited to the User Account. Where the User is a consumer, the User further acknowledges that this immediate supply causes the User to lose any statutory right of cancellation or withdrawal that would otherwise apply to the purchase of digital content.
I.2. Nothing in this Section 6 operates to exclude or limit any right you have as a consumer which cannot be excluded or limited under applicable law, and nothing in this Section 6I prevents the Company from granting a refund on a discretionary basis, which it shall be under no obligation to do and which shall not create any precedent or entitlement in respect of any later request.
J. No Transfer or Resale. PAYG Credits are personal to the User Account to which they are issued. PAYG Credits may not be sold, resold, transferred, assigned, gifted, pooled, or combined across User Accounts, and may not be used to obtain any goods, services, or benefit other than the PAYG Tools. Any purported transfer is void, and Section 8.A.2 applies to any grant or sale of access to a User Account holding PAYG Credits.
K. Records and Billing Disputes. The transaction ledger available within the User Account dashboard constitutes the record of top-ups made and PAYG Credits consumed and shall be conclusive absent manifest error. Any dispute in respect of a top-up or a deduction of PAYG Credits must be raised in writing to contact@nexlev.io within 30 days of the transaction appearing in the ledger, failing which the transaction shall be deemed accepted by the User. The 7-day period in Section 16 does not apply to disputes falling within this Section 6K.
L. Misuse, Set-off, and Chargebacks.Without prejudice to Section 14, the Company may suspend a User's access to Pay-as-You-Go, void any Promotional Credits, and withhold any unspent balance where it determines in its sole and absolute discretion that the User has engaged in fraud, abuse, automated or excessive use, circumvention of usage or rate limits, or any conduct falling within Section 8. Where a User initiates a chargeback or payment reversal in respect of a top-up, the Company may set off the disputed amount against any remaining PAYG Credit balance and may suspend or terminate the User Account pending resolution.
M. Changes to Pay-as-You-Go. The Company may modify, suspend, or discontinue Pay-as-You-Go in whole or in part, and may withdraw any individual PAYG Tool, at any time and at its sole and absolute discretion.
M.1.Where the Company discontinues Pay-as-You-Go in its entirety, it shall give the User notice of the date of discontinuation and shall allow the User a period of not less than 30 days from the date of that notice in which to spend any remaining PAYG Credit balance on the PAYG Tools then available ("Spend-Down Period"). The Company may allow a longer Spend-Down Period, and shall state the applicable period in the notice. Any PAYG Credits remaining at the end of the Spend-Down Period are forfeited in full and no refund, credit note, or payment in money is due in respect of them.
M.2. The Spend-Down Period is subject to Section 6B, and a User whose paid plan comes to an end during the Spend-Down Period forfeits any remaining balance at that point notwithstanding that the Spend-Down Period has not expired.
M.3.Where the Company withdraws an individual PAYG Tool but continues to offer Pay-as-You-Go, no Spend-Down Period arises and no refund is due, and the User's remaining PAYG Credit balance may be spent on the PAYG Tools that remain available.
7. LICENSE
A.Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Site on your personal device solely in connection with your use of the Site; and (ii) access and use any content, information and related materials that may be made available through the Site. Any rights not expressly granted herein are reserved by the Company and the Company's licensors.
B. Ownership.The Site, which includes all products and services sold through the Site, excluding commissioned designs, and all rights therein are and shall remain the Company's property or the property of the Company's licensors. Neither these Terms nor your use of the Site conveys or grants to you any rights: (i) in or related to the Site except for the limited license granted above; or (ii) to use or reference in any manner the Company's name “NEXLEV ANALYTICS”, “NEXLEV”, “NEXLEV.IO”, logos, product and service names, trademarks or Site marks or those of the Company's licensors or any other associated intellectual property.
C. Assignment. It is understood and agreed that works commissioned by the Company are created for the sole and exclusive use of the User and User shall be deemed to be the sole and exclusive owner of all rights, title, and interests therein, including all copyrights and proprietary rights relating thereto. All work performed by the Company and all works generated in connection therewith is and shall be considered, insofar as legally permissible, commissioned artwork and, as such, shall be owned by and for the benefit of the Owner. Ownership is not dependent upon an active subscription, however, this assignment Section 7C is only applicable to Users with an active Subscription on the date in which the work was commissioned. The Company shall, however, retain the non-exclusive, non-sublicensable, royalty-free, worldwide license to publish and display any Content created for the purposes of marketing the Site and the Services, which right may be revoked at any time by email to: contact@nexlev.io
D. To the extent that we license content from any third party (“Third Party Content”), you agree to comply with the relevant third-party license. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Third Party Content apart from a design deliverable prepared by us or as part of a design product for your own personal use; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Third Party Content; (iii) falsely represent that you are the original creator of any Third Party Content; (iv) use Third Party Content in a pornographic, defamatory, or other unlawful manner; (v) use Third Party Content in any way that allows others to download, extract, or redistribute Third Party Content as a standalone file or work; (vi) use Third Party Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), and any such use must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.
8. RESTRICTED ACTIVITIES
A. Users shall not under any circumstances:
A.1. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Application;
A.2. grant or sell access to a third party to access your User Account, or impersonate or act as another User;
A.3. contravene any laws in the use of the Site;
A.4. post information that may be deemed fraudulent, libelous, abusive, obscene, profane, sexually-oriented, harassing, or illegal;
A.5. discriminate against another User on the basis of race, religion, gender, age, mental or physical disability, sexual orientation, medical condition, nationality or similar basis;
A.6. mirror or frame the Site or any portion thereof;
A.7. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, data mining, or unduly burdening or hindering the operation and/or functionality of any portion or aspect of the Site;
A.8. remove any copyright, trademark, or other proprietary notice from any portion or aspect of the Site;
A.9. reproduce, modify, distribute, license, sub-license, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Site except as expressly permitted by the Company;
A.10.use the Site in a way that infringes any third party's intellectual property rights; and
A.11.use any robot, spider, site search/retrieval application, or other manual or automatic process to retrieve, index, scrape, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
9. LINKS TO THIRD-PARTY WEBSITES AND THIRD-PARTY SERVICES
A.You may be able to access websites, content, products, or services provided by third parties through links that are made available on the Site ("Third Party Services").
B. You acknowledge that different terms of use, terms of service, and privacy policies may apply to your use of such third-party service and content. The Company does not endorse such third-party service and content and in no event shall it be responsible or liable for any products or services of such providers. These third parties are not parties to these Terms and are not responsible for the provision or support of the Services in any manner, accordingly, and without any limitation to any other provision of these Terms, the Company shall be indemnified and held harmless against any loss or damage occasioned from the use of such services to the full extent of any applicable law.
10. PRIVACY
For information regarding our collection and use of information you provide to us, please refer to the Site's privacy policy (“Privacy Policy”), located at https://www.nexlev.io/privacy-policy, which shall supplement and be incorporated into these Terms by reference. By entering into these Terms, you agree to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy.
11. COPYRIGHT POLICY
The Company respects the intellectual property of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
We comply and act as required in terms of the Digital Millennium Copyright Act ("DMCA"), to valid and compliant DMCA notices. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, the Company will also terminate an Account if the User is determined to be a repeat infringer. To report a copyright violation, our copyright agent can be reached at the following email address: contact@nexlev.io.
13. REFUND POLICY
A. Refunds are only available to first-time subscribers within 14 days of their initial payment. After the 14-day period, the Company reserves the right to deny refunds to the full extent permitted by law without notice or liability to you. Refund requests beyond the 14-day period will be assessed on a case-by-case basis and are subject to your use of the Services in compliance with these Terms.
B. In the event that a refund is granted, the Company reserves the right to use the most suitable method for issuing the refund, which may include an alternative payment method to the one originally used.
C. Pay-as-You-Go top-ups and Promotional Credits are governed by Section 6I.
14. TERMINATION
A. Your User Account may be restricted, or terminated, without any further notice, on the following bases:
A.1. Should the User Account be flagged for any illegal or suspicious activity, by the Company, its duly authorized representative responsible for data security or by any governmental organization; or
A.2. Where the Company, in its sole and absolute discretion, determines that there is a material breach of these Terms.
B. Where a User Account is restricted or terminated under this Section 14, any PAYG Credit balance held on that User Account is forfeited in accordance with Section 6B, without refund.
15. GOVERNING LAW AND ARBITRATION
BY AGREEING TO THE TERMS YOU EXPRESSLY AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. THIS WILL EXPRESSLY PRECLUDE YOU FROM BRINGING ANY ACTION AGAINST THE COMPANY, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, GROUP OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed pursuant to the laws of the United Kingdom. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to your use or access to the Site or these Terms, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be settled by the exclusive jurisdiction of the courts of the United Kingdom, without resort to any conflict of law provisions.
16. ERROR REPORTING AND FEEDBACK
You may contact us at contact@nexlev.io with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints and other matters related to the Services. In the event of a complaint about NexLev, the client must first submit this complaint in writing to NexLev within 7 days of discovery.
17. DISCLAIMER
THE SITE IS ACCESSED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS TO THE FULL EXTENT PERMITTED BY THE LAW. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY GOODS REQUESTED OR PURCHASED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
18. LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SITE OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SITE OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY'S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
19. WARRANTY
The Company makes no express or implied warranties of merchantability or that the Site or Services are fit for the purpose for which they were designed or any other purpose whatsoever, and this warranty supersedes any prior representations and understandings regarding the Site or Services, including any warranty arising from the course of dealing, course of performance, or usage of trade. The Company further does not warrant that the Site will be available and accessible at all times. Issues with hardware, software or other items may result in interruption, delays or errors beyond the Company’s control.
20. SEVERABILITY
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
21. CONTACTS
22. INDEMNITY
You agree to indemnify and hold the Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party.