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- " Terms and Conditions of Use On this page<ul>\n<li>1.\nAGREEMENT TO TERMS</li>\n<li>2.\nINTELLECTUAL
PROPERTY RIGHTS</li>\n<li>3.\nUSER REPRESENTATIONS</li>\n<li>4.\nUSER REGISTRATION</li>\n<li>5.\nPROHIBITED
ACTIVITIES</li>\n<li>6.\nUSER GENERATED CONTRIBUTIONS</li>\n<li>7.\nCONTRIBUTION
LICENSE</li>\n<li>8.\nSOCIAL MEDIA</li>\n<li>9.\nSUBMISSIONS</li>\n<li>10.\nTHIRD-PARTY
WEBSITE AND CONTENT</li>\n<li>11.\nSITE MANAGEMENT</li>\n<li>12.\nPRIVACY POLICY</li>\n<li>13.\nCOPYRIGHT
INFRINGEMENTS</li>\n<li>14.\nTERM AND TERMINATION</li>\n<li>15.\nMODIFICATIONS AND
INTERRUPTIONS</li>\n<li>16.\nGOVERNING LAW</li>\n<li>17.\nDISPUTE RESOLUTION</li>\n<li>18.\nCORRECTIONS</li>\n<li>19.\nDISCLAIMER</li>\n<li>20.\nLIMITATIONS
OF LIABILITY</li>\n<li>21.\nINDEMNIFICATION</li>\n<li>22.\nUSER DATA</li>\n<li>23.\nELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES</li>\n<li>24.\nCALIFORNIA USERS AND
RESIDENTS</li>\n<li>25.\nMISCELLANEOUS</li>\n<li>26.\nCONTACT US</li>\n</ul>\n<blockquote>\n<p>Last
updated January 11, 2023</p>\n</blockquote>\n1.\nAGREEMENT TO TERMS\n<p>These Terms
of Use constitute a legally binding agreement made between you, whether personally
or on behalf of an entity (“you”) and Waldo Intelligence LLC (“Company,” “we,” “us,”
or “our”), concerning your access to and use of the https://waldo.vision website
as well as any other media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the “Site”).\nWe
are registered in Texas, United States and have our registered office at PO BOX
7782, Amarillo, TX 79114.\nYou agree that by accessing the Site, you have read,
understood, and agreed to be bound by all of these Terms of Use.\nIF 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.</p>\n<p>Supplemental terms and
conditions or documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference.\nWe reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use from time to time.\nWe will
alert you about 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 change.\nPlease
ensure that you check the applicable Terms every time you use our Site so that you
understand which Terms apply.\nYou will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised Terms of Use
by your continued use of the Site after the date such revised Terms of Use are posted.</p>\n<p>The
information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country.\nAccordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are solely responsible
for compliance with local laws, if and to the extent local laws are applicable.</p>\n<p>The
Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use this Site.\nYou may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).</p>\n<p>The Site is intended for users who are at
least 13 years of age.\nAll users who are minors in the jurisdiction in which they
reside (generally under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Site.\nIf you are a minor, you
must have your parent or guardian read and agree to these Terms of Use prior to
you using the Site.</p>\n2.\nINTELLECTUAL PROPERTY RIGHTS\n<p>Unless otherwise indicated,
the Site is our proprietary property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United States, international
copyright laws, and international conventions.\nThe Content and the Marks are provided
on the Site “AS IS” for your information and personal use only.\nExcept as expressly
provided in these Terms of Use, no part of the Site and no 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 whatsoever, without our express prior written permission.</p>\n<p>Provided
that you are eligible to use the Site, you are granted a limited license to access
and use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial use.\nWe
reserve all rights not expressly granted to you in and to the Site, the Content
and the Marks.</p>\n3.\nUSER REPRESENTATIONS\n<p>By using the Site, you represent
and warrant that: (1) all registration information you submit will be true, accurate,
current, and complete.\n(2) you will maintain the accuracy of such information and
promptly update such registration information as necessary.\n(3) you have the legal
capacity and you agree to comply with these Terms of Use.\n(4) you are not under
the age of 13.\n(5) you are not a minor in the jurisdiction in which you reside,
or if a minor, you have received parental permission to use the Site.\n(6) you will
not access the Site through automated or non-human means, whether through a bot,
script, or otherwise.\n(7) you will not use the Site for any illegal or unauthorized
purpose.\nand (8) your use of the Site will not violate any applicable law or regulation.</p>\n<p>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).</p>\n4.\nUSER REGISTRATION\n<p>You
may be required to register with the Site.\nYou agree to keep your password confidential
and will be responsible for all use of your account and password.\nWe reserve the
right to remove, reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.</p>\n5.\nPROHIBITED
ACTIVITIES\n<p>You may not access or use the Site for any purpose other than that
for which we make the Site available.\nThe Site may not be used in connection with
any commercial endeavors except those that are specifically endorsed or approved
by us.</p>\n<p>As a user of the Site, you agree not to:\nSystematically retrieve
data or other content from the Site to create or compile, directly or indirectly,
a collection, compilation, database, or directory without written permission from
us.\nTrick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.\nCircumvent, 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.\nDisparage, tarnish,
or otherwise harm, in our opinion, us and/or the Site.\nUse any information obtained
from the Site in order to harass, abuse, or harm another person.\nMake improper
use of our support services or submit false reports of abuse or misconduct.\nUse
the Site in a manner inconsistent with any applicable laws or regulations.\nEngage
in unauthorized framing of or linking to the Site.\nUpload or transmit (or attempt
to upload or to transmit) viruses, Trojan horses, or 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 modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Site.\nEngage in any automated use of the system, such as
using scripts to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.\nDelete the copyright or other proprietary
rights notice from any Content.\nAttempt to impersonate another user or person or
use the username of another user.\nUpload 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”).\nInterfere
with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.\nHarass, annoy, intimidate, or threaten any of our employees
or agents engaged in providing any portion of the Site to you.\nAttempt to bypass
any measures of the Site designed to prevent or restrict access to the Site, or
any portion of the Site.\nCopy or adapt the Site’s software, including but not limited
to Flash, PHP, HTML, JavaScript, or other code.\nExcept as permitted by applicable
law, decipher, decompile, disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the Site.\nExcept 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.\nUse a buying agent or purchasing agent to make purchases
on the Site.\nMake 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 email, or creating user accounts by automated means or under
false pretenses.\nUse the Site as part of any effort to compete with us or otherwise
use the Site and/or the Content for any revenue-generating endeavor or commercial
enterprise.\nUse the Site to advertise or offer to sell goods and services.\nSell
or otherwise transfer your profile.</p>\n6.\nUSER GENERATED CONTRIBUTIONS\n<p>The
Site may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal information
or other material (collectively, “Contributions”).\nContributions may be viewable
by other users of the Site and through third-party websites.\nAs such, any Contributions
you transmit may be treated as non-confidential and non-proprietary.\nWhen you create
or make available any Contributions, you thereby represent and warrant that:\nThe
creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret,
or moral rights of any third party.\nYou are the creator and owner of or have 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.\nYou have the written consent,
release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated
by the Site and these Terms of Use.\nYour Contributions are not false, inaccurate,
or misleading.\nYour Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.\nYour Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).\nYour Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.\nYour Contributions are not used to harass or threaten (in the legal sense
of those terms) any other person and to promote violence against a specific person
or class of people.\nYour Contributions do not violate any applicable law, regulation,
or rule.\nYour Contributions do not violate the privacy or publicity rights of any
third party.\nYour Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors.\nYour
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.\nYour Contributions
do not otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.\nAny 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.</p>\n7.\nCONTRIBUTION
LICENSE\n<p>By posting your Contributions to any part of the Site or making Contributions
accessible to the Site by linking your account from the Site to any of your social
networking accounts, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license
to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial, advertising,
or otherwise, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and authorize sublicenses of the foregoing.\nThe use
and distribution may occur in any media formats and through any media channels.</p>\n<p>This
license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide.\nYou waive all moral rights in your Contributions, and you warrant
that moral rights have not otherwise been asserted in your Contributions.</p>\n<p>We
do not assert any ownership over your Contributions.\nYou retain full ownership
of all of your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions.\nWe are not liable for any statements
or representations in your Contributions provided by you in any area on the Site.\nYou
are solely responsible for your Contributions to the Site and you expressly agree
to exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.</p>\n<p>We have the right, in our sole
and absolute discretion, (1) to edit, redact, or otherwise change any Contributions.\n(2)
to re-categorize any Contributions to place them in more appropriate locations on
the Site.\nand (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice.\nWe have no obligation to monitor your Contributions.</p>\n8.\nSOCIAL
MEDIA\n<p>As part of the functionality of the Site, you may link your account with
online accounts you have with third-party service providers (each such account,
a “Third-Party Account”) by either: (1) providing your Third-Party Account login
information through the Site.\nor (2) allowing us to access your Third-Party Account,
as is permitted under the applicable terms and conditions that govern your use of
each Third-Party Account.\nYou represent and warrant that you are entitled to disclose
your Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and conditions that
govern your use of the applicable Third-Party Account, and without obligating us
to pay any fees or making us subject to any usage limitations imposed by the third-party
service provider of the Third-Party Account.\nBy granting us access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store (if applicable)
any content that you have provided to and stored in your Third-Party Account (the
“Social Network Content”) so that it is available on and through the Site via your
account, including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to the extent you
are notified when you link your account with the Third-Party Account.\nDepending
on the Third-Party Accounts you choose and subject to the privacy settings that
you have set in such Third-Party Accounts, personally identifiable information that
you post to your Third-Party Accounts may be available on and through your account
on the Site.\nPlease note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third Party Account is terminated by the third-party
service provider, then Social Network Content may no longer be available on and
through the Site.\nYou will have the ability to disable the connection between your
account on the Site and your Third-Party Accounts at any time.\nPLEASE NOTE THAT
YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.\nWe
make no effort to review any Social Network Content for any purpose, including but
not limited to, for accuracy, legality, or non-infringement, and we are not responsible
for any Social Network Content.\nYou acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of identifying
and informing you of those contacts who have also registered to use the Site.\nYou
can deactivate the connection between the Site and your Third-Party Account by contacting
us using the contact information below or through your account settings (if applicable).\nWe
will attempt to delete any information stored on our servers that was obtained through
such Third-Party Account, except the username and profile picture that become associated
with your account.</p>\n9.\nSUBMISSIONS\n<p>You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding the Site
(“Submissions”) provided by you to us are non-confidential and shall become our
sole property.\nWe shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment
or compensation to you.\nYou hereby waive all moral rights to any such Submissions,
and you hereby warrant that any such Submissions are original with you or that you
have the right to submit such Submissions.\nYou agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.</p>\n10.\nTHIRD-PARTY WEBSITE AND CONTENT\n<p>The Site
may contain (or you may be sent via the Site) links to other websites (“Third-Party
Websites”) as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other content or items
belonging to or originating from third parties (“Third-Party Content”).\nSuch Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third-Party Websites accessed through the Site or any Third-Party Content posted
on, available through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content.\nInclusion of,
linking to, or permitting the use or installation of any Third-Party Websites or
any Third-Party Content does not imply approval or endorsement thereof by us.\nIf
you decide to leave the Site and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should be aware these
Terms of Use no longer govern.\nYou should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate
from the Site or relating to any applications you use or install from the Site.\nAny
purchases you make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party.\nYou
agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by your
purchase of such products or services.\nAdditionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to or resulting
in any way from any Third-Party Content or any contact with Third-Party Websites.</p>\n11.\nSITE
MANAGEMENT\n<p>We reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms of Use.\n(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 user to law enforcement authorities.\n(3) in
our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof.\n(4) in our sole discretion and without limitation,
notice, or liability, to remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems.\nand
(5) otherwise manage the Site in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Site.</p>\n12.\nPRIVACY POLICY\n<p>We
care about data privacy and security.\nPlease review our Privacy Policy: https://docs.waldo.vision/legal/privacy-policy/.\nBy
using the Site, you agree to be bound by our Privacy Policy, which is incorporated
into these Terms of Use.\nPlease be advised the Site is hosted in Finland.\nIf you
access the Site from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from applicable
laws in Finland, then through your continued use of the Site, you are transferring
your data to Finland, and you agree to have your data transferred to and processed
in Finland.\nFurther, we do not knowingly accept, request, or solicit information
from children or knowingly market to children.\nTherefore, in accordance with the
U.S.\nChildren’s Online Privacy Protection Act, if we receive actual knowledge that
anyone under the age of 13 has provided personal information to us without the requisite
and verifiable parental consent, we will delete that information from the Site as
quickly as is reasonably practical.</p>\n13.\nCOPYRIGHT INFRINGEMENTS\n<p>We respect
the intellectual property rights of others.\nIf you believe that any material available
on or through the Site infringes upon any copyright you own or control, please immediately
notify us using the contact information provided below (a “Notification”).\nA copy
of your Notification will be sent to the person who posted or stored the material
addressed in the Notification.\nPlease be advised that pursuant to applicable law
you may be held liable for damages if you make material misrepresentations in a
Notification.\nThus, if you are not sure that material located on or linked to by
the Site infringes your copyright, you should consider first contacting an attorney.</p>\n14.\nTERM
AND TERMINATION\n<p>These Terms of Use shall remain in full force and effect while
you use the Site.\nWITHOUT 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.\nWE 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.</p>\n<p>If we terminate or
suspend your account for any reason, you are prohibited from registering and creating
a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.\nIn addition to terminating
or suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.</p>\n15.\nMODIFICATIONS
AND INTERRUPTIONS\n<p>We reserve the right to change, modify, or remove the contents
of the Site at any time or for any reason at our sole discretion without notice.\nHowever,
we have no obligation to update any information on our Site.\nWe also reserve the
right to modify or discontinue all or part of the Site without notice at any time.\nWe
will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Site.</p>\n<p>We cannot guarantee the Site
will be available at all times.\nWe may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in interruptions,
delays, or errors.\nWe reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Site at any time or for any reason without notice to you.\nYou
agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Site during any downtime or discontinuance
of the Site.\nNothing in these Terms of Use will be construed to obligate us to
maintain and support the Site or to supply any corrections, updates, or releases
in connection therewith.</p>\n16.\nGOVERNING LAW\n<p>These Terms of Use and your
use of the Site are governed by and construed in accordance with the laws of the
State of Texas applicable to agreements made and to be entirely performed within
the State of Texas, without regard to its conflict of law principles.</p>\n17.\nDISPUTE
RESOLUTION\n<p>Informal Negotiations</p>\n<p>To expedite resolution and control
the cost of any dispute, controversy, or claim related to these Terms of Use (each
“Dispute” and collectively, the “Disputes”) brought by either you or us (individually,
a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally
for at least thirty (30) days before initiating arbitration.\nSuch informal negotiations
commence upon written notice from one Party to the other Party.</p>\n<p>Binding
Arbitration</p>\n<p>If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded below) will
be finally and exclusively resolved through binding arbitration.\nYOU UNDERSTAND
THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL.\nThe arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate,
the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer
Rules”), both of which are available at the AAA website: www.adr.org.\nYour arbitration
fees and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules.\nThe arbitration
may be conducted in person, through the submission of documents, by phone, or online.\nThe
arbitrator will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party.\nThe arbitrator must follow applicable
law, and any award may be challenged if the arbitrator fails to do so.\nExcept where
otherwise required by the applicable AAA rules or applicable law, the arbitration
will take place in Potter County, Texas.\nExcept 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.</p>\n<p>If
for any reason, a Dispute proceeds in court rather than arbitration, the Dispute
shall be commenced or prosecuted in the state and federal courts located in Potter
County, Texas, and the Parties hereby consent to, and waive all defenses of lack
of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction
in such state and federal courts.\nApplication of the United Nations Convention
on Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) is excluded from these Terms of Use.</p>\n<p>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.\nIf 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.</p>\n<p>Restrictions</p>\n<p>The Parties agree that
any arbitration shall be limited to the Dispute between the Parties individually.\nTo
the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding.\n(b) there is no right or authority for any Dispute to be arbitrated
on a class-action basis or to utilize class action procedures.\nand (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.</p>\n<p>Exceptions
to Informal Negotiations and Arbitration</p>\n<p>The Parties agree that the following
Disputes are not subject to the above provisions concerning informal negotiations
and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning
the validity of, any of the intellectual property rights of a Party.\n(b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized use.\nand (c) any claim for injunctive relief.\nIf 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.</p>\n18.\nCORRECTIONS\n<p>There may
be information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information.\nWe
reserve the right to correct any errors, inaccuracies, or omissions and to change
or update the information on the Site at any time, without prior notice.</p>\n19.\nDISCLAIMER\n<p>THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.\nYOU AGREE THAT YOUR USE OF
THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.\nTO 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.\nWE 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.\nWE 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.\nAS 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.</p>\n20.\nLIMITATIONS
OF LIABILITY\n<p>IN NO EVENT WILL 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 LOST PROFIT, 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.\nNOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
US.\nCERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.\nIF 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.</p>\n21.\nINDEMNIFICATION\n<p>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 Contributions.\n(2)
use of the Site.\n(3) breach of these Terms of Use.\n(4) any breach of your representations
and warranties set forth in these Terms of Use.\n(5) your violation of the rights
of a third party, including but not limited to intellectual property rights.\nor
(6) any overt harmful act toward any other user of the Site with whom you connected
via the Site.\nNotwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims.\nWe will use reasonable efforts to notify you of any such claim, action,
or proceeding which is subject to this indemnification upon becoming aware of it.</p>\n22.\nUSER
DATA\n<p>We will maintain certain data that you transmit to the Site for the purpose
of managing the performance of the Site, as well as data relating to your use of
the Site.\nAlthough we perform regular routine backups of data, you are solely responsible
for all data that you transmit or that relates to any activity you have undertaken
using the Site.\nYou agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against us
arising from any such loss or corruption of such data.</p>\n23.\nELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES\n<p>Visiting the Site, sending us emails, and completing
online forms constitute electronic communications.\nYou consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, satisfy
any legal requirement that such communication be in writing.\nYOU 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.\nYou hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.</p>\n24.\nCALIFORNIA
USERS AND RESIDENTS\n<p>If any complaint with us is not satisfactorily resolved,
you can contact the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.</p>\n25.\nMISCELLANEOUS\n<p>These Terms of Use and any policies
or operating rules posted by us on the Site or in respect to the Site constitute
the entire agreement and understanding between you and us.\nOur failure to exercise
or enforce any right or provision of these Terms of Use shall not operate as a waiver
of such right or provision.\nThese Terms of Use operate to the fullest extent permissible
by law.\nWe may assign any or all of our rights and obligations to others at any
time.\nWe shall not be responsible or liable for any loss, damage, delay, or failure
to act caused by any cause beyond our reasonable control.\nIf any provision or part
of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable from these Terms of
Use and does not affect the validity and enforceability of any remaining provisions.\nThere
is no joint venture, partnership, employment or agency relationship created between
you and us as a result of these Terms of Use or use of the Site.\nYou agree that
these Terms of Use will not be construed against us by virtue of having drafted
them.\nYou hereby waive any and all defenses you may have based on the electronic
form of these Terms of Use and the lack of signing by the parties hereto to execute
these Terms of Use.</p>\n26.\nCONTACT US\n<p>In order to resolve a complaint regarding
the Site or to receive further information regarding use of the Site, please contact
us at:</p>\n<code>Waldo Intelligence LLC\nPO BOX 7782\nAmarillo, TX 79114\nUnited
States</code> More\n<ul>\n<li> Edit this page </li>\n<li> Join our community </li>\n</ul> "
updated_at:
- 2023-03-26 14:42:05.345456746 Z
- 2023-03-26 14:42:32.564817073 Z