Terms of service
Know our terms of service
We operate the website www.shamanhape.com and any related products and services that reference these legal terms (collectively, the “Services”).
Shaman Hapé is an online store offering authentic indigenous jewelry, ancestral medicines such as Hapé, Sananga, ceremonial cacao, and handcrafted tools like kuripes, tepis, crystals, and sage. All items are respectfully sourced from South American tribes and carry deep spiritual significance.
These Legal Terms form a binding agreement between you (individually or on behalf of an entity) and Shaman Hapé LLC, regarding your access to and use of the Services. By using the Services, you confirm that you have read, understood, and agree to these terms. If you do not agree, you are not permitted to use the Services and must stop immediately.
We will notify you in advance of any planned changes to the Services you use. Updated terms will take effect upon posting or by notice sent to you at [email protected]. Continued use of the Services after changes means you accept the updated terms.
The Services are intended for users aged 18 and older. Individuals under 18 are not allowed to use or register for the Services.
Table of contents
1. Our Services
The information provided through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction where such use would violate laws or regulations, or require registration on our part. If you choose to access the Services from outside the United States, you do so at your own risk and are responsible for complying with any applicable local laws.
Please note that the Services are not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or similar laws. If your use of the Services would be subject to such regulations, you are not permitted to use them. Additionally, you may not use the Services in any way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. Intellectual Property Rights
Our intellectual property
We own or are licensed to use all intellectual property rights related to our Services. This includes all source code, databases, software, website design, audio, video, text, images, product designs, and graphics (collectively, the “Content”), as well as all trademarks, service marks, and logos (“Marks”).
Our Content and Marks are protected by copyright, trademark, and other intellectual property laws in the United States and internationally.
The Content and Marks are provided “as is” and are intended for your personal, non-commercial use only through the Services.
Your use of our Services
As long as you comply with these Legal Terms—including the “Prohibited Activities” section below—we grant you a limited, non-exclusive, non-transferable, and revocable license to:
Access and use the Services; and
Download or print portions of the Content you have lawful access to,
for your personal, non-commercial use only.
Except as specifically allowed in this section or elsewhere in these Legal Terms, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise use any part of the Services, Content, or Marks for any commercial purpose without our express prior written permission.
If you wish to use the Services, Content, or Marks in a way not covered by these terms, please email your request to: [email protected].
If permission is granted, you must clearly acknowledge Shaman Hapé as the owner or licensee and include any copyright or proprietary notices when displaying, posting, or sharing our Content.
We reserve all rights not expressly granted to you regarding the Services, Content, and Marks.
Any violation of these intellectual property rights will be considered a serious breach of these Legal Terms and will result in the immediate termination of your right to use the Services.
User Content: Submissions and Contributions
Before using our Services, please carefully review this section along with the “Prohibited Activities” section, as it outlines both the rights you grant us and the responsibilities you assume when submitting or posting content.
By sending us any questions, feedback, suggestions, ideas, or similar information (“Submissions”), you agree to transfer all intellectual property rights to us. This means we will own the Submission and can use it freely for any lawful purpose, including commercial uses, without acknowledgment or compensation to you.
Our Services may also allow you to post or share content such as text, images, videos, music, comments, reviews, and other materials (“Contributions”). Submissions that are publicly posted are treated as Contributions. Contributions may be visible to other users and, by posting them, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, and transferable license to use, reproduce, distribute, publish, display, modify, and create derivative works from them for any purpose, including commercial and advertising. This license includes the right to use your name, company name, likeness, trademarks, service marks, and logos associated with your Contributions, across all media and formats, without any additional consent or notice.
You are solely responsible for the content you post. By submitting or linking any Submission or Contribution to your account or social media through our Services, you confirm that:
You’ve read and agree to comply with our “Prohibited Activities” section;
You will not post or submit anything that is unlawful, harmful, threatening, discriminatory, false, misleading, or violates anyone’s rights;
You waive any moral rights to your content (where permitted by law);
You either own the content or have the legal right to grant us permission to use it;
Your content does not contain confidential information.
Any violation of these conditions may result in the immediate removal or modification of your content, suspension or termination of your account, and, if necessary, reporting to appropriate authorities. While we are not obligated to monitor user content, we reserve the right to review, edit, or delete any Contributions at our sole discretion if they are found to breach these Legal Terms or pose any harm.
You expressly agree to indemnify and hold us harmless from any losses, claims, or damages resulting from your Submissions or Contributions that infringe third-party rights or violate applicable laws.
3. User Representations
Before using our Services, please carefully review this section along with the “Prohibited Activities” section, as it outlines both the rights you grant us and the responsibilities you assume when using, submitting, or posting content.
By using the Services, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update it as needed;
You have the legal capacity to agree to these Legal Terms and you agree to comply with them;
You are not a minor in the jurisdiction in which you reside;
You will not access the Services through automated or non-human means, such as bots or scripts;
You will not use the Services for any illegal or unauthorized purpose; and
Your use of the Services will not violate any applicable law or regulation.
If any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and deny any and all current or future access to the Services.
Additionally, by submitting any questions, suggestions, feedback, or other content (“Submissions”), you agree to assign to us all intellectual property rights in such material. We will own and may use your Submissions for any lawful purpose—commercial or otherwise—without acknowledgment or compensation to you.
You may also post or share content through the Services such as text, images, videos, music, comments, or reviews (“Contributions”). Contributions may be publicly visible. By posting Contributions, you grant us a worldwide, irrevocable, perpetual, transferable, royalty-free license to use, reproduce, publish, broadcast, modify, create derivative works of, and commercially exploit your Contributions in any media or format. This includes the right to use your name, likeness, trademarks, and logos in connection with your Contributions.
You are solely responsible for your Submissions and Contributions. By sharing them, you confirm that:
You’ve read and will comply with our “Prohibited Activities” section;
You will not post anything illegal, harmful, defamatory, misleading, or infringing;
You waive any moral rights to your content (where permitted by law);
You either own your content or have full rights to grant us the license above;
Your content is not confidential.
We are not obligated to monitor user content but reserve the right to edit or remove any Contributions that we consider in breach of our Legal Terms or harmful in any way. Violations may result in the removal of content, suspension or termination of your account, and, if necessary, notification of authorities.
By submitting content through our Services, you expressly agree to indemnify and hold us harmless for any claims, damages, or losses that arise due to your content infringing on third-party rights or violating applicable laws.
4. User Registrations
Before using our Services, please carefully review this section along with the “Prohibited Activities” section, as it outlines both the rights you grant us and the responsibilities you assume when using, submitting, or posting content.
By using the Services, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update it as needed;
You have the legal capacity to agree to these Legal Terms and you agree to comply with them;
You are not a minor in the jurisdiction in which you reside;
You will not access the Services through automated or non-human means, such as bots or scripts;
You will not use the Services for any illegal or unauthorized purpose; and
Your use of the Services will not violate any applicable law or regulation.
If any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and deny any and all current or future access to the Services.
You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all activities that occur under your account. We reserve the right to remove, reclaim, or change any username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Additionally, by submitting any questions, suggestions, feedback, or other content (“Submissions”), you agree to assign to us all intellectual property rights in such material. We will own and may use your Submissions for any lawful purpose—commercial or otherwise—without acknowledgment or compensation to you.
You may also post or share content through the Services such as text, images, videos, music, comments, or reviews (“Contributions”). Contributions may be publicly visible. By posting Contributions, you grant us a worldwide, irrevocable, perpetual, transferable, royalty-free license to use, reproduce, publish, broadcast, modify, create derivative works of, and commercially exploit your Contributions in any media or format. This includes the right to use your name, likeness, trademarks, and logos in connection with your Contributions.
You are solely responsible for your Submissions and Contributions. By sharing them, you confirm that:
You’ve read and will comply with our “Prohibited Activities” section;
You will not post anything illegal, harmful, defamatory, misleading, or infringing;
You waive any moral rights to your content (where permitted by law);
You either own your content or have full rights to grant us the license above;
Your content is not confidential.
We are not obligated to monitor user content but reserve the right to edit or remove any Contributions that we consider in breach of our Legal Terms or harmful in any way. Violations may result in the removal of content, suspension or termination of your account, and, if necessary, notification of authorities.
By submitting content through our Services, you expressly agree to indemnify and hold us harmless for any claims, damages, or losses that arise due to your content infringing on third-party rights or violating applicable laws.
5. Purchases and Payments
We accept the following forms of payment:
PayPal
Discover
American Express
Mastercard
Visa
By making a purchase through our Services, you agree to provide current, complete, and accurate purchase and account information. You also agree to promptly update your account and payment details—such as email address, payment method, and expiration date—so we can process your transactions and contact you as needed.
All payments are to be made in U.S. dollars. Applicable sales tax will be added to your purchase price as required by law. We reserve the right to change prices at any time and to correct any pricing errors or inaccuracies, even after payment has been requested or received.
You authorize us to charge your selected payment method for the full amount of your order, including any applicable shipping fees and taxes, at the time of purchase. You agree to pay all charges in effect at the time of your transaction.
We reserve the right, in our sole discretion, to refuse or cancel any order. This may include limiting or canceling quantities purchased per person, per household, or per order. These restrictions may apply to orders placed using the same customer account, the same payment method, or the same billing or shipping address.
We also reserve the right to prohibit or limit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. Subscriptions
Billing and Renewal
If you purchase a subscription to our Services, your subscription will continue and automatically renew at the end of each billing cycle unless you cancel it prior to renewal. By subscribing, you authorize us to charge your selected payment method on a recurring basis without requiring your prior approval for each recurring charge.
The timing and amount of recurring charges will depend on the subscription plan you selected at the time of purchase. Your billing cycle (e.g., monthly or annually) is specified when you subscribe.
You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Cancellation will take effect at the end of the current billing period, and you will not be charged thereafter. Please note that we do not offer refunds for partial subscription periods.
We reserve the right to modify subscription pricing or plans at any time, with notice to you prior to your next billing cycle.
Cancellation
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term, and you will not be charged for the next billing cycle.
If you have any questions or are unsatisfied with our Services, please don’t hesitate to reach out to us at [email protected]. We’re here to assist you and address any concerns.
Fee Changes
We may, from time to time, make changes to the subscription fee. Any price changes will be communicated to you in advance, in accordance with applicable law. You will have the option to review and accept any new pricing before the change takes effect.
7. Return Policy
8. Prohibited Activities
By using the Services, you agree not to:
Use for Unauthorized Purposes: Access or use the Services for any purpose other than that for which the Services are made available. The Services may not be used for any commercial endeavors unless specifically endorsed or approved by us.
Data Scraping: Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Misleading and Fraudulent Behavior: Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Security Interference: Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or Content.
Defamation: Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Harassment: Use any information obtained from the Services to harass, abuse, or harm another person.
Improper Use of Support: Make improper use of our support services or submit false reports of abuse or misconduct.
Violation of Laws: Use the Services in a manner inconsistent with applicable laws or regulations.
Framing and Linking: Engage in unauthorized framing of or linking to the Services.
Malicious Code Uploads: Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other harmful material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that disrupts or interferes with the Services’ operation.
Automated Use: Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data-gathering tools.
Removal of Proprietary Notices: Delete the copyright or other proprietary rights notices from any Content.
Impersonation: Attempt to impersonate another user or person or use the username of another user.
Spyware and Tracking Mechanisms: Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (often referred to as “spyware” or “passive collection mechanisms”).
Network Interference: Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Employee Harassment: Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services.
Bypass Security Measures: Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion thereof.
Software Copying or Modification: Copy or adapt the Services’ software, including Flash, PHP, HTML, JavaScript, or other code.
Decompiling or Reverse Engineering: Except 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 Services.
Unauthorized Automation Systems: Use, launch, develop, or distribute any automated system, such as spiders, robots, cheat utilities, scrapers, or offline readers that access the Services, or launch unauthorized scripts or other software.
Unauthorized Purchases: Use a buying agent or purchasing agent to make purchases on the Services.
Unsolicited Communications: Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Competitive Use: Use the Services as part of any effort to compete with us or use the Services and/or Content for any revenue-generating endeavor or commercial enterprise.
Unauthorized Advertising: Use the Services to advertise or offer to sell goods and services.
Profile Selling: Sell or otherwise transfer your profile.
Order Cancellations: Cancel purchased products without contacting us.
9. User-generated Contributions
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, providing you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. This may include text, writings, videos, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you represent and warrant that:
Non-Infringement of Rights: The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contributions do 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.
Ownership and Authorization: You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
Consent of Identifiable Individuals: You have the written consent, release, and/or permission of each identifiable individual in your Contributions to use their name or likeness in connection with your Contributions, enabling inclusion and use of your Contributions as described in these Legal Terms.
Accuracy and Integrity: Your Contributions are not false, inaccurate, or misleading.
Prohibited Content: Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Obscene or Offensive Content: Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
Harassment and Threats: Your Contributions are not used to harass, intimidate, or abuse anyone, nor are they intended to promote violence against a specific person or class of people.
Legal Compliance: Your Contributions do not violate any applicable law, regulation, or rule.
Privacy and Publicity Rights: Your Contributions do not violate the privacy or publicity rights of any third party.
Child Protection and Minors’ Health: Your Contributions do not violate any applicable law concerning child pornography, or laws intended to protect the health or well-being of minors.
Discriminatory Comments: Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
No Violation of Legal Terms: Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any violation of the above terms may result in the termination or suspension of your rights to use the Services.
10. Contribution License
By posting your Contributions to any part of the Services, you automatically grant, and represent and warrant that you have the right to grant, 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, including commercial, advertising, or otherwise. You further grant us the right to prepare derivative works of, or incorporate into other works, such Contributions, and to grant sublicenses of the foregoing rights. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, franchise name (as applicable), and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and warrant that such moral rights have not otherwise been asserted.
While you retain full ownership of your Contributions and any associated intellectual property or proprietary rights, you grant us the right to use your Contributions as described above. We are not liable for any statements or representations made in your Contributions. You are solely responsible for your Contributions and agree to hold us harmless from any responsibility or legal action arising from your Contributions.
We have the right, at our sole discretion, to:
Edit, redact, or otherwise modify any Contributions;
Re-categorize any Contributions to place them in more appropriate sections of the Services;
Pre-screen or delete any Contributions at any time, for any reason, without notice.
We are under no obligation to monitor your Contributions.
11. Guidelines for Reviews
12. Service Managment
We reserve the right, but not the obligation, to:
Monitor the Services for violations of these Legal Terms;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such users to law enforcement authorities;
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, without limitation;
Remove or disable any files or content that are excessive in size or in any way burdensome to our systems, without notice or liability;
Manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
13. Privacy Policy
We value your data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please note that the Services are hosted in the United Kingdom. If you access the Services from any region with data privacy laws or regulations that differ from those in the United Kingdom, by continuing to use the Services, you consent to the transfer of your data to the United Kingdom and expressly agree to have your data processed in accordance with applicable laws in the United Kingdom.
14. Term and Termination
These Legal Terms will remain in full effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any individual for any reason, or for no reason, including but not limited to breaches of any representation, warranty, or covenant contained in these Legal Terms, or violation of any applicable law or regulation.
We may terminate your use of or participation in the Services, or delete your account and any content or information you’ve posted at any time, without warning, at our sole discretion.
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 name, a borrowed name, or the name of any third party—even if you’re acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive measures.
15. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason, at our sole discretion, without notice. However, we are not obligated to update any information on the Services. Additionally, we reserve the right to modify or discontinue all or part of the Services without notice, at any time. We will not be held liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will always be available. We may encounter hardware, software, or other issues, or need to perform maintenance on the Services, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without prior notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain or support the Services or to provide corrections, updates, or releases in connection with them.
16. Governing Law
17. Dispute Resolution
Informal Negotiations
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be resolved exclusively by binding arbitration. You understand that by agreeing to arbitration, you waive your right to sue in court or have a jury trial. Arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where applicable, the AAA Consumer Rules. Arbitration may take place in-person, via documents, phone, or online.
The arbitration will take place in New Jersey, USA, unless otherwise agreed. The arbitrator will follow applicable law, and any award can be challenged for legal errors. If arbitration is unavailable, any Dispute may be brought in the state or federal courts of New Jersey, and the Parties consent to the jurisdiction of those courts.
No Dispute related to the Services may be initiated more than one year after the cause of action arises.
Restrictions
This section essentially states that arbitration will only apply to the individual parties involved, and does not allow for group or class-action arbitration. Here’s a simplified breakdown of the key points:
Individual Arbitration: Arbitration is limited to the dispute between the two parties only.
No Class Action: Disputes cannot be handled on a class-action basis.
No Representative Capacity: No party can bring a dispute on behalf of others or the general public.
This ensures that disputes are handled separately between the parties and prevents larger-scale collective legal action. Let me know if you need further clarification!
Exceptions to Informal Negotiations and Arbitration
This provision outlines specific exceptions to the arbitration process. In other words, certain types of disputes are not required to go through informal negotiations or arbitration and can go directly to court. These exceptions include:
Intellectual Property Disputes: Any dispute related to the enforcement, protection, or validity of intellectual property rights.
Theft, Piracy, Privacy, or Unauthorized Use: Disputes arising from theft, piracy, invasion of privacy, or unauthorized use.
Injunctive Relief: Any claim seeking an injunction (a court order to stop someone from doing something) is not subject to arbitration.
If any part of this provision is deemed illegal or unenforceable, that part of the provision won’t apply, and the dispute related to that issue will be decided by a court.
Let me know if you need further clarification or have more questions about this!
18. Corrections
This clause indicates that while the services provided may contain information such as descriptions, pricing, availability, and other details, there could be typographical errors, inaccuracies, or omissions. It explicitly gives the service provider the right to correct these errors, inaccuracies, or omissions and to change or update any of the information on the services at any time, without providing prior notice.
This serves as a safeguard to allow for adjustments in case there are mistakes or updates required, so the service provider is not held responsible for any discrepancies that may appear in the information.
19. Disclaimer
This clause outlines that the services are provided “as-is” and “as-available,” meaning that the provider does not guarantee that the services will be error-free, uninterrupted, or meet specific expectations. It highlights that your use of the services will be at your own risk.
Key points from this provision:
Disclaimer of Warranties:
The service provider disclaims all warranties, both express and implied, such as those related to merchantability, fitness for a particular purpose, and non-infringement.
They make no guarantees about the accuracy, completeness, or reliability of the content provided within the services or any linked sites.
Limitations on Liability:
The provider will not be responsible for errors, personal injury, damage to property, unauthorized access to personal or financial information, interruptions of services, or the transmission of harmful software like viruses or bugs.
They also disclaim liability for any errors or omissions in content, as well as for any loss or damage that occurs from using the services.
Third-Party Products and Services:
The provider does not guarantee or take responsibility for third-party products or services advertised or linked through the services. It encourages users to exercise caution and use their best judgment when engaging with third-party offerings.
In summary, this provision is designed to limit the service provider’s responsibility in the case of issues arising from the use of their services, essentially clarifying that you are using them at your own risk.
20. Limitations of Liability
This clause outlines limitations on liability and specifies the extent to which the service provider can be held responsible for damages. Here are the key points:
Exclusion of Liability:
The provider, including its directors, employees, and agents, will not be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages. This includes damages such as:
Lost profit
Lost revenue
Loss of data
Other damages resulting from your use of the services.
Even if the provider has been informed of the possibility of these damages, they will not be held accountable.
Limitation of Liability:
If a cause of action arises (meaning if you bring a legal claim against them), the provider’s liability will be limited to the amount paid by you during the three-month period before the issue occurred.
This limitation applies to all types of actions, no matter their form (e.g., contract, tort, etc.).
Exceptions Based on Law:
Certain U.S. state laws or international laws may not allow such limitations on implied warranties or exclusion of certain damages.
If you live in a jurisdiction where these laws apply, some of the above disclaimers or limitations may not apply to you, and you may have additional rights to seek compensation.
Summary:
In essence, the provider is trying to limit their financial responsibility, stating that they won’t be liable for any significant damages you might incur, such as loss of profits or data, when using their services. The maximum amount they could owe you in the case of a claim is limited to what you paid them in the three months prior to the incident.
However, if local laws don’t allow such limitations, you may still have more rights than what is outlined here.
21. Indemnification
22. User Data
We will retain certain data you transmit to the Services for the purpose of managing the performance of the Services, as well as data related to your usage. While we perform routine backups of data, you remain solely responsible for any data you transmit or for any activity you engage in while using the Services.
Please note that we are not liable for any loss or corruption of data, and by using the Services, you waive any right to take legal action against us for such loss or corruption. It is recommended that you maintain your own backup of important data.
23. Electronic Communications, Transactions, and Signatures
By visiting the Services, sending us emails, and completing online forms, you engage in electronic communications. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically—via email or through the Services—meet any legal requirement that such communication be in writing.
You also agree to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and transaction records initiated or completed by us or via the Services. By using the Services, you waive any rights or requirements under any applicable laws that demand an original signature, the delivery or retention of non-electronic records, or the use of non-electronic methods for payments or granting credits.
24. SMS Text Messaging
Opting Out
Message and Data Rates
Support
25. California Users and Residents
26. Miscellaneous
27. Contact Us
