The Website is our proprietary property, or that of our licensors or licensees. You acknowledge that the Website or its output may contain information, content, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, ideas, and other materials (collectively, “Content“) that are protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You may not, and you will not encourage, assist or authorize any other person to modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Content or any other information you may find on the Website, whether in whole or in part, or create any derivative works from or of them. You may also not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Website. We grant you the ability to view and access this Content provided that you fully comply with the provisions of these Terms. Bear in mind that Yeloha neither warrants nor represents that the Content will not infringe rights of third parties not owned by Yeloha. All trademarks appearing on this Website are trademarks of their respective owners. “Yeloha” and our other trademarks, slogans, service marks, trade names, and trade dress which appear via the Website are proprietary to us. Our commercial partners, customer, suppliers, advertisers, sponsors, licensors, contractors and any other third parties may also have additional proprietary rights in the Content which is made available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part, unless specifically granted the right to do so herein. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other Website or networked computer environment, is strictly prohibited unless you receive prior written consent from the owner of such Content to do so. Violators will be prosecuted.
Please note that except where expressly provided otherwise by Yeloha, any feedbacks, ideas or comments that you may submit to use through the Website shall be considered non-confidential. Yeloha and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without the obligation to notify, identify or compensate you or anyone else.
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE WEBSITE AND ANY CONTENT PROVDIED THROUGH THE WBSITE IS PROVIDED ON AN “AS IS” BASIS. USE OF THE WEBSITE AND RELIANCE ON ITS CONTENT IS DONE SOLELY AT YOUR OWN RISK. WE DISCLAIM ANY AND ALL WARRANTIES RELATING TO THE WEBSITE AND ITS CONTENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT. WE DO NOT WARRANT THAT ANY CONTENT OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OUR CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY A VISITOR FOR USE OF THE WEBSITE. WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEBSITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY.
(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements;
(b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms;
(c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.
(d) These Terms shall be governed by the laws of the State of Massachusetts, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Boston, Massachusetts, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.