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TERMS AND CONDITIONS
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Last updated 05-Oct-2022
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
38 |
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED
39 | ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. THIRD-PARTY ACCOUNTS
9.
40 | SUBMISSIONS
10. THIRD-PARTY WEBSITE AND CONTENT
11. SITE MANAGEMENT
12. PRIVACY POLICY
13.
41 | TERM AND TERMINATION
14. MODIFICATIONS AND INTERRUPTIONS
15. GOVERNING LAW
16. DISPUTE RESOLUTION
42 |
17. CORRECTIONS
18. DISCLAIMER
19. LIMITATIONS OF LIABILITY
20. INDEMNIFICATION
21. USER
43 | DATA
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
23. CALIFORNIA USERS AND RESIDENTS
44 |
24. MISCELLANEOUS
25. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a
45 | legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Wallet
46 | Highlighter ("Company," “we," “us," or “our”), concerning your access to and use of the
47 | wallethighlighter.com website as well as any other media form, media channel, mobile website
48 | or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are
49 | registered in England and have our registered office at 6 South Molton Street, London, London W1K 5QF. You
50 | agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of
51 | Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE
52 | AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
53 | on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in
54 | our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert
55 | you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to
56 | receive specific notice of each such change. Please ensure that you check the applicable Terms every time you
57 | use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been
58 | made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site
59 | after the date such revised Terms of Use are posted.
The information provided on the Site is not
60 | intended for distribution to or use by any person or entity in any jurisdiction or country where such
61 | distribution or use would be contrary to law or regulation or which would subject us to any registration
62 | requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from
63 | other locations do so on their own initiative and are solely responsible for compliance with local laws, if
64 | and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific
65 | regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
66 | Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this
67 | Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site
68 | is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or
69 | register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is
70 | our proprietary property and all source code, databases, functionality, software, website designs, audio,
71 | video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service
72 | marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are
73 | protected by copyright and trademark laws and various other intellectual property rights and unfair
74 | competition laws of the United States, international copyright laws, and international conventions. The
75 | Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as
76 | expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied,
77 | reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
78 | distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express
79 | prior written permission.
Provided that you are eligible to use the Site, you are granted a limited
80 | license to access and use the Site and to download or print a copy of any portion of the Content to which you
81 | have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly
82 | granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using
83 | the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate,
84 | current, and complete; (2) you will maintain the accuracy of such information and promptly update such
85 | registration information as necessary; (3) you have the legal capacity and you agree to comply with these
86 | Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the
87 | Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use
88 | the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable
89 | law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
90 | incomplete, we have the right to suspend or terminate your account and refuse any and all current or future
91 | use of the Site (or any portion thereof).
4. USER REGISTRATION
We reserve the right to remove,
92 | reclaim, or change a username you select if we determine, in our sole discretion, that such username is
93 | inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access
94 | or use the Site for any purpose other than that for which we make the Site available. The Site may not be used
95 | in connection with any commercial endeavors except those that are specifically endorsed or approved by
96 | us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content
97 | from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory
98 | without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any
99 | attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise
100 | interfere with security-related features of the Site, including features that prevent or restrict the use or
101 | copying of any Content or enforce limitations on the use of the Site and/or the Content contained
102 | therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any
103 | information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use
104 | of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner
105 | inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the
106 | Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
107 | including excessive use of capital letters and spamming (continuous posting of repetitive text), that
108 | interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,
109 | alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in
110 | any automated use of the system, such as using scripts to send comments or messages, or using any data mining,
111 | robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights
112 | notice from any Content.
- Attempt to impersonate another user or person or use the username of another
113 | user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
114 | active information collection or transmission mechanism, including without limitation, clear graphics
115 | interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to
116 | as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue
117 | burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or
118 | threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to
119 | bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the
120 | Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or
121 | other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
122 | any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of
123 | standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system,
124 | including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the
125 | Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing
126 | agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting
127 | usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited
128 | email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any
129 | effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or
130 | commercial enterprise.
6. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat,
131 | contribute to, or participate in blogs, message boards, online forums, and other functionality, and may
132 | provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
133 | broadcast content and materials to us or on the Site, including but not limited to text, writings, video,
134 | audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively,
135 | "Contributions"). Contributions may be viewable by other users of the Site and through third-party
136 | websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When
137 | you create or make available any Contributions, you thereby represent and warrant that:
- The creation,
138 | distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your
139 | Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright,
140 | patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or
141 | have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site,
142 | and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms
143 | of Use.
- You have the written consent, release, and/or permission of each and every identifiable
144 | individual person in your Contributions to use the name or likeness of each and every such identifiable
145 | individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and
146 | these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions
147 | are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam,
148 | mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious,
149 | filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your
150 | Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not
151 | used to harass or threaten (in the legal sense of those terms) any other person and to promote violence
152 | against a specific person or class of people.
- Your Contributions do not violate any applicable law,
153 | regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third
154 | party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise
155 | intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive
156 | comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
-
157 | Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms
158 | of Use, or any applicable law or regulation.Any use of the Site in violation of the foregoing violates these
159 | Terms of Use and may result in, among other things, termination or suspension of your rights to use the
160 | Site.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making
161 | Contributions accessible to the Site by linking your account from the Site to any of your social networking
162 | accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an
163 | unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
164 | worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
165 | retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in
166 | whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for
167 | any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into
168 | other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and
169 | distribution may occur in any media formats and through any media channels.
This license will apply to
170 | any form, media, or technology now known or hereafter developed, and includes our use of your name, company
171 | name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and
172 | personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant
173 | that moral rights have not otherwise been asserted in your Contributions.
We do not assert any
174 | ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual
175 | property rights or other proprietary rights associated with your Contributions. We are not liable for any
176 | statements or representations in your Contributions provided by you in any area on the Site. You are solely
177 | responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all
178 | responsibility and to refrain from any legal action against us regarding your Contributions.
We have the
179 | right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
180 | re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen
181 | or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor
182 | your Contributions.
8. Third-Party Accounts
As part of the functionality of the Site, you may
183 | link your account with online accounts you have with third-party service providers (each such account, a
184 | “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site;
185 | or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and
186 | conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled
187 | to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party
188 | Account, without breach by you of any of the terms and conditions that govern your use of the applicable
189 | Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations
190 | imposed by the third-party service provider of the Third-Party Account. By granting us access to any
191 | Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any
192 | content that you have provided to and stored in your Third-Party Account (the “ Content”) so that it is
193 | available on and through the Site via your account. Depending on the Third-Party Accounts you choose and
194 | subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable
195 | information that you post to your Third-Party Accounts may be available on and through your account on the
196 | Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to
197 | such Third Party Account is terminated by the third-party service provider, then Content may no longer be
198 | available on and through the Site. You will have the ability to disable the connection between your account on
199 | the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
200 | SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
201 | THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Content for any purpose, including but not
202 | limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Content. You can
203 | deactivate the connection between the Site and your Third-Party Account by contacting us using the contact
204 | information below or through your account settings (if applicable). We will attempt to delete any information
205 | stored on our servers that was obtained through such a Third-Party Account, except any usernames that become
206 | associated with your account.
9. SUBMISSIONS
You acknowledge and agree that any questions,
207 | comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions")
208 | provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights,
209 | including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of
210 | these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to
211 | you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such
212 | Submissions are original with you or that you have the right to submit such Submissions. You agree there shall
213 | be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right
214 | in your Submissions.
10. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be
215 | sent via the Site) links to other websites ("Third-Party Websites") as well as articles,
216 | photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and
217 | other content or items belonging to or originating from third parties ("Third-Party Content"). Such
218 | Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy,
219 | appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed
220 | through the Site or any Third-Party Content posted on, available through, or installed from the Site,
221 | including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of
222 | or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting
223 | the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or
224 | endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or
225 | install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no
226 | longer govern. You should review the applicable terms and policies, including privacy and data gathering
227 | practices, of any website to which you navigate from the Site or relating to any applications you use or
228 | install from the Site. Any purchases you make through Third-Party Websites will be through other websites and
229 | from other companies, and we take no responsibility whatsoever in relation to such purchases which are
230 | exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the
231 | products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by
232 | your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained
233 | by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact
234 | with Third-Party Websites.
11. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
235 | (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone
236 | who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting
237 | such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict
238 | access to, limit the availability of, or disable (to the extent technologically feasible) any of your
239 | Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability,
240 | to remove from the Site or otherwise disable all files and content that are excessive in size or are in any
241 | way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights
242 | and property and to facilitate the proper functioning of the Site.
12. PRIVACY POLICY
We care
243 | about data privacy and security. Please review our Privacy Policy:
244 | https://wallethighlighter.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy,
245 | which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If
246 | you access the Site from any other region of the world with laws or other requirements governing personal data
247 | collection, use, or disclosure that differ from applicable laws in the United States, then through your
248 | continued use of the Site, you are transferring your data to the United States, and you agree to have your
249 | data transferred to and processed in the United States.
13. TERM AND TERMINATION
These Terms of
250 | Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF
251 | THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
252 | ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
253 | NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
254 | THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
255 | SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN
256 | OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
257 | registering and creating a new account under your name, a fake or borrowed name, or the name of any third
258 | party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your
259 | account, we reserve the right to take appropriate legal action, including without limitation pursuing civil,
260 | criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to
261 | change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion
262 | without notice. However, we have no obligation to update any information on our Site. We also reserve the
263 | right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to
264 | you or any third party for any modification, price change, suspension, or discontinuance of the
265 | Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
266 | software, or other problems or need to perform maintenance related to the Site, resulting in interruptions,
267 | delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify
268 | the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever
269 | for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime
270 | or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and
271 | support the Site or to supply any corrections, updates, or releases in connection therewith.
15.
272 | GOVERNING LAW
These conditions are governed by and interpreted following the laws of England and Wales,
273 | and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly
274 | excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the
275 | protection provided to you by obligatory provisions of the law of your country of residence. Wallet
276 | Highlighter and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England and
277 | Wales, which means that you may make a claim to defend your consumer protection rights in regards to these
278 | Conditions of Use in the United Kingdom, or in the EU country in which you reside.
16. DISPUTE
279 | RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
280 | controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the
281 | “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties
282 | agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally
283 | for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written
284 | notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the
285 | relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in
286 | accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the
287 | European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the
288 | application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of
289 | arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable
290 | rules of substantive law shall be the law of the United Kingdom.RestrictionsThe Parties agree that any
291 | arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by
292 | law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any
293 | Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no
294 | right or authority for any Dispute to be brought in a purported representative capacity on behalf of the
295 | general public or any other persons.
Exceptions to Informal Negotiations and ArbitrationThe Parties
296 | agree that the following Disputes are not subject to the above provisions concerning informal negotiations and
297 | binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the
298 | intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft,
299 | piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision
300 | is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within
301 | that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a
302 | court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to
303 | submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on
304 | the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing,
305 | availability, and various other information. We reserve the right to correct any errors, inaccuracies, or
306 | omissions and to change or update the information on the Site at any time, without prior notice.
18.
307 | DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE
308 | AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
309 | WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
310 | LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
311 | WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
312 | CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
313 | ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
314 | NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
315 | OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
316 | ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
317 | THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
318 | OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
319 | OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
320 | GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
321 | THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
322 | ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
323 | YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
324 | THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
325 | APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
326 | AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
327 | SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
328 | YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
329 | ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
330 | FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL
331 | LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
332 | THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
333 | HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us
334 | harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and
335 | employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’
336 | fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the
337 | Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in
338 | these Terms of Use; (5) your violation of the rights of a third party, including but not limited to
339 | intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you
340 | connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
341 | exclusive defense and control of any matter for which you are required to indemnify us, and you agree to
342 | cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of
343 | any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of
344 | it.
21. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of
345 | managing the performance of the Site, as well as data relating to your use of the Site in line with our
346 | Privacy Policy. Although we perform regular routine backups of data, you are solely responsible for all data
347 | that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall
348 | have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action
349 | against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS,
350 | TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
351 | constitute electronic communications. You consent to receive electronic communications, and you agree that all
352 | agreements, notices, disclosures, and other communications we provide to you electronically, via email and on
353 | the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
354 | ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
355 | AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
356 | requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
357 | require an original signature or delivery or retention of non-electronic records, or to payments or the
358 | granting of credits by any means other than electronic means.
23. CALIFORNIA USERS AND
359 | RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
360 | Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in
361 | writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
362 | 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Terms of Use and any policies or operating
363 | rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding
364 | between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not
365 | operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible
366 | by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
367 | responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable
368 | control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or
369 | unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does
370 | not affect the validity and enforceability of any remaining provisions. There is no joint venture,
371 | partnership, employment or agency relationship created between you and us as a result of these Terms of Use or
372 | use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having
373 | drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms
374 | of Use and the lack of signing by the parties hereto to execute these Terms of Use.
25. CONTACT
375 | US
In order to resolve a complaint regarding the Site or to receive further information regarding use
376 | of the Site, please contact us at:
Wallet Highlighter
Csyndicate Ltd
6 South Molton
377 | Street
London, London W1K 5QF
England
hello@wallethighlighter.com
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