Terms of use

Last updated: July 2025

Welcome to Dataproves

Thanks for using our products and services (“Services”). By using our Services, you are agreeing to these Terms. Please read these Terms before using the https://dataproves.com.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, whether individually or on behalf of an entity (“you”), and Dataproves (“Company”, “we”, “us” or “our”), legally registered as ROCDigitales s.r.o., governing your access to and use of the https://dataproves.com website, as well as any related media forms, media channels, mobile websites, or mobile applications connected to it (collectively, the “Site”). By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use in their entirety. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to modify or amend these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such modification. It is your responsibility to periodically review these Terms of Use to stay informed of any updates. By continuing to use the Site after the revised Terms of Use have been posted, you acknowledge and accept the changes, and you will be subject to the updated terms.

The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would violate applicable laws or regulations or would subject us to any registration requirements within that jurisdiction or country.

Accordingly, individuals who choose to access the Site from locations outside our primary jurisdiction do so at their own initiative and are solely responsible for complying with local laws, to the extent that such laws are applicable.

The Site is intended for users who are at least 18 years of age. Individuals under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively referred to as the “Content”), along with the trademarks, service marks, and logos contained therein (the “Marks”), are either owned or controlled by us or are licensed to us. These are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws of UK, international copyright laws, and international conventions. The Content and Marks on the Site are provided “AS IS" solely for your informational and personal use. Except as expressly permitted in these Terms of Use, no part of the Site, including any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior express written consent.

If you are eligible to use the Site, you are granted a limited license to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have lawfully gained access, exclusively for your personal, non-commercial use. We reserve all rights not expressly granted to you in relation to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you provide is true, accurate, current, and complete; (2) you will maintain the accuracy of this information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, such as bots or scripts; (6) you will not use the Site for any illegal or unauthorized purposes; and (7) your use of the Site will not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and are responsible for all activities that occur under your account and password. We reserve the right to remove, reclaim, or change any username you select if, in our sole discretion, we determine that the username is inappropriate, obscene, or otherwise objectionable.

FEES AND PAYMENT

You can buy DataCoins on the DataCoins Purchase Page using VISA, MasterCard, or other payment methods. Transactions will appear as “Dataproves" on your bank or card statement.

The number of DataCoins needed for file operations depends on the file size and the operation's complexity. Once you choose an action and upload your file, the system will display the required DataCoins for approval before proceeding. The DataCoins are deducted from your balance prior to processing the file. For bulk credit purchases, kindly reach out to support.

You agree to provide current, complete, and accurate purchase and account information for all transactions made through the Site. Additionally, you agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, to ensure we can complete your transactions and contact you as necessary. Billing for purchases made via the Site will be processed through an online billing account. We reserve the right to change prices at any time.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

REFUND POLICY

On Dataproves websites, you may be eligible for a refund within a specified period, referred to as the “Refund Period,” which ranges from 7 to 14 days from the date of purchase, depending on the product or service. To request a refund within this period, log in to your account, select the refund option for the product, and the refund will be processed automatically. Refunds will be credited back to the original payment method and may take up to 5 business days to reflect in your account. For more details or to discuss a refund, please contact us at https://dataproves.com. If the Refund Period has expired, our team will work with you to explore alternative solutions.

If you are dissatisfied with your purchase, you may submit a complaint through our contact page. Your complaint will be reviewed, and a resolution will be provided within the 10 business days.

PROHIBITED ACTIVITIES

You may only access and use the Site for the purposes for which it has been made available by us. The Site may not be used for any commercial endeavors, except those that have been expressly endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission is prohibited.
Engaging in any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts through automated means or under false pretenses, is prohibited.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or any other material including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Site, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, is strictly prohibited.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
Use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site does not permit users to submit or post content. However, we may offer you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. These may include, but are not limited to, text, writings, videos, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as "Contributions").

Contributions may be viewable by other users of the Site and through third- party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy.

When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, performance, access, downloading, or copying of your Contributions does not and will not infringe upon the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, of any third party.
You are the creator and owner of, or have obtained the necessary licenses, rights, consents, releases, and permissions to use, and to authorize us, the Site, and other users of the Site to use, your Contributions in any manner contemplated by the Site and these Terms of Use.
You have obtained the written consent, release, and/or permission of each identifiable individual person featured in your Contributions to use their name or likeness, thereby allowing the inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not include any material that solicits personal information from individuals under the age of 18 or exploits individuals under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data you provide in accordance with the terms of our Privacy Policy and your preferences (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we may use and share such feedback for any purpose without compensation to you.

We do not claim ownership of your Contributions. You retain full ownership of all your Contributions, including any associated intellectual property or proprietary rights. We are not responsible for any statements or representations made in your Contributions in any area of the Site. You bear sole responsibility for your Contributions to the Site and expressly agree to release us from any liability and to refrain from any legal action against us concerning your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to us regarding the Site ("Submissions") are non-confidential and will become our exclusive property. We will hold all rights, including all intellectual property rights, and will be entitled to the unrestricted use and distribution of these Submissions for any lawful purpose, whether commercial or otherwise, without any obligation to acknowledge or compensate you. You hereby waive all moral rights to any such Submissions and warrant that these Submissions are original to you or that you have the appropriate rights to submit them. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for any violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such individuals to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, at our sole discretion and without limitation; (4) remove from the Site or otherwise disable, without notice or liability, any files or content that are excessively large or otherwise burdensome to our systems, at our sole discretion; and (5) otherwise manage the Site in a manner that protects our rights and property and ensures the proper functioning of the Site.

Dataproves is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect for the duration of your use of the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a false or borrowed name, or the name of any third party, even if acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive remedies.

If your access to the Site is terminated, you agree to lose any remaining DataCoins in your account.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to alter, modify, or remove content from the Site at any time and for any reason, at our sole discretion, without prior notice. However, we are under no obligation to update any information on our Site. Additionally, we reserve the right to modify or discontinue all or any part of the Site without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. Hardware, software, or other issues may arise, or maintenance may be required, leading to interruptions, delays, or errors. We reserve the right to alter, revise, update, suspend, discontinue, or otherwise modify the Site at any time and for any reason, without prior notice to you. You agree that we shall not be liable for any loss, damage, or inconvenience resulting from your inability to access or use the Site during any period of downtime or discontinuance. Nothing in these Terms of Use shall be construed as an obligation on our part to maintain or support the Site, or to provide any corrections, updates, or releases in connection with it.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of UK, applicable to agreements made and to be fully performed within UK, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and manage the costs associated with any dispute, controversy, or claim arising under these Terms of Use (each a "Dispute" and collectively, the “Disputes”), the Parties agree to first attempt to resolve any Dispute (except as expressly stated otherwise) through informal negotiations for a period of at least thirty (30) days before initiating arbitration. These informal negotiations shall commence upon written notice from one Party to the other.

Binding Arbitration

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding individual (not class) arbitration administered under the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the following jurisdiction: UK. The language of the arbitration shall be English. There shall be one arbitrator to be mutually agreed by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) constitutes an exception to the arbitration obligations herein and may be brought in a judicial proceeding in a court of competent jurisdiction. This arbitration provision will survive termination of this Agreement.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

YOU AND Dataproves AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Dataproves agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Dataproves acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this Agreement.

This Agreement shall be governed and interpreted in all respects in accordance with the laws of UK.

Except as expressly contained herein, neither Dataproves nor any of its officers, employees, managers, members, shareholders, directors, suppliers shall be liable to Supplier for any punitive, special, indirect, exemplary, consequential or incidental damages, including but not limited to loss of profits, arising out of or related to this Agreement, even if such Dataproves has been advised of the possibility of such damages, costs or losses.

If any individual term of this Agreement is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the Agreement, so that the Agreement shall otherwise remain in full force and effect.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law: (a) no arbitration shall be combined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to employ class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, a Party's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If any part of this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute covered by the portion of this provision deemed illegal or unenforceable. Such Disputes will instead be resolved by a court of competent jurisdiction, as specified above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

The Site may contain information with typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE, OR OUR DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL BE ASSESSED ON A CASE-BY-CASE BASIS, TAKING INTO ACCOUNT THE SPECIFIC CIRCUMSTANCES OF EACH SITUATION. A DECISION REGARDING LIABILITY AND POTENTIAL COMPENSATION WILL BE MADE BASED ON THIS ANALYSIS, ENSURING A FAIR APPROACH. HOWEVER, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY COMPENSATION AWARDED SHALL NOT EXCEED 1,000.00 EUR. CERTAIN UK LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties outlined in these Terms of Use; (4) your violation of any third party’s rights, including but not limited to intellectual property rights; or (5) any intentional harmful act toward another user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification as soon as we become aware of it.

USER DATA

We will retain certain data that you transmit to the Site for the purpose of managing its performance, as well as data related to your use of the Site. While we conduct regular routine backups of data, you remain solely responsible for all data you transmit or that pertains to any activity you have undertaken using the Site. You agree that we shall not be liable for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. By engaging in these activities, you consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or through the Site, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature, the delivery or retention of non-electronic records, or payments or the granting of credits by means other than electronic methods.

MISCELLANEOUS

These Terms of Use, along with any policies or operating rules posted by us on the Site or in connection with the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision. These Terms of Use shall be enforced to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act resulting from causes beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision or part thereof shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of the remaining provisions. These Terms of Use and your use of the Site do not create any joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use shall not be construed against us solely because we drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the absence of physical signatures by the parties involved in executing these Terms of Use.

To resolve a complaint regarding the Site or to request further information about its use, please contact us at [email protected]