1. | DEFINITIONS | |
1.1 | “Agreement” means the most current version of this terms of service agreement between us and you. | |
1.2 | “Licensed Materials” means our intellectual property, including but not limited to, our logos, trade names, service marks, trademarks, and trade dress. | |
1.3 | “Profile” means the membership information, including but not limited to your legal name, address, telephone, fax, email. | |
1.4 | “Profile Page” means the page of the same name on the Site where your membership information is shown. | |
1.5 | “Services” means each and every service we offer. | |
1.6 | “Site” means support@deworx.io and all other Uniform Resource Identifier we use to provide our Services. | |
1.7 | “System” means all of our software and hardware. | |
1.8 | “We,” “us,” and “our” means Goldbar Enterprises, LLC, a Florida limited liability company. | |
1.9 | “You,” “your,” and “yourself” means any person, organization or business entity that seeks to use our Services, Site or System, as well as their agents, assigns, and successors. |
2. | GENERAL PROVISIONS | |||
2.1 | Please direct any questions not answered by reading this Agreement to us at support@deworx.io | |||
2.2 | You may not access the Site or utilize our Services if you are under eighteen (18) years of age or otherwise not competent to enter into a binding contract. | |||
2.3 | Before you may use any of our Services, you must: | |||
2.3.1 | read and agree to comply with this Agreement and | |||
2.3.2 | understand and accept that this Agreement: | |||
2.3.2.1 | takes effect the moment you access the Site; | |||
2.3.2.2 | may only be amended or modified by us, unless we agree otherwise in writing with you; | |||
2.3.2.3 | may be amended or modified by us at any time and all such changes shall take full effect as soon as they are posted on the Site and your continued use of our Services shall be irrefutable proof of your consent to the terms and conditions of the most current version of this Agreement; | |||
2.3.2.4 | is the entire and only agreement between you and us; | |||
2.3.2.5 | contains all terms and conditions of your relationship with us and your use of our Services; and | |||
2.3.2.6 | shall only terminate under the conditions provided for herein. | |||
2.4 | This Agreement shall in no way create an agency, employee-employer, franchisor-franchisee, joint enterprise, joint venture, or partnership relationship between you and us. | |||
2.5 | Our failure to require your performance of any provision of this Agreement shall not affect our right to require subsequent performance at any time of the same provision. | |||
2.6 | Should we determine, in our sole discretion, that you have violated any provisions of this Agreement or applicable laws, we may, with subsequent notice to you: | |||
2.6.1 | immediately cancel your account and membership with us; | |||
2.6.2 | use your personal information to collect all pending and applicable fees and other amounts due; | |||
2.6.3 | charge you for all administrative costs in connection with any violation by you of any provision of this Agreement; and | |||
2.6.4 | bring legal action to enjoin violations and/or to collect all damages caused by your violations of this Agreement. | |||
2.7 | We cooperate with law enforcement and all other appropriate authorities and organizations. | |||
2.8 | Unless otherwise provided herein, you agree that: | |||
2.8.1 | all notices from us to you shall be sent to your current email address on file with us and will be deemed immediately delivered even if such email address is no longer valid and | |||
2.8.2 | all notices from you to us shall be: | |||
2.8.2.1 | sent to support@deworx.io and deemed immediately delivered or | |||
2.8.2.2 | in writing and delivered by courier or registered mail to EM13, LLC, 6538 Collins Ave. #133, Miami Beach, FL 33141, and shall only be deemed delivered once the letter arrives at our office. |
8. | NO THIRD-PARTY BENEFICIARIES | |
8.1 | There shall be no third-party beneficiaries to this Agreement. All assignments are void unless consented to by us in writing. |
9.2 | We shall not be liable to you or anyone else for delays in or failures to perform our obligations under this Agreement that directly or indirectly result from events or causes beyond our reasonable control including, but not limited to: hardware or software failures, other equipment failures, electrical power failures, labor disputers, strikes, riots, hurricanes, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or administrative bodies, or the non-performance of third parties. | |
9.3 | We shall not be liable for any direct, indirect, consequential, incidental, special or exemplary damages of any kind, including but not limited to lost: profits, goodwill, use, data or other intangibles whether in contract, tort or negligence even if we are aware of the possibility or probability of such damages. | |
9.4 | If we are deemed liable to you by a competent court, our maximum possible liability to you for any reason shall not exceed $100. |
11.2 | We make no representations or warranties of any kind in connection with this Agreement. | ||
11.3 | With regard to the Site and our Services | ||
11.3.1 | We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. | ||
11.3.2 | We do not warrant that our Services will meet your requirements, be uninterrupted or error free. | ||
11.3.3 | We do not make any warranties or representations regarding use, correctness, accuracy, or reliability. |
11.4 | You agree that: | ||
11.4.1 | you use the Site and our Services at your own risk; | ||
11.4.2 | you use the Site and our Services on an “as-is” and “as-available” basis and at your own risk and discretion; | ||
11.4.3 | you alone are responsible for any damage to your hardware and software or loss of data in any way related to your use of the Site or our Services; | ||
11.4.4 | neither we nor our members, officers, employees or agents shall have any liability to you; and | ||
11.4.5 | no advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in this Agreement. |
12.8 | You may only cancel your membership by properly completing and submitting the online form available on the member area page of our Site. Cancellation by you shall take effect on the third business day following submission of a properly completed form, and you shall remain responsible for timely payment of all amounts you owe us as of the date your membership is cancelled. | |
12.9 | You alone are responsible for terminating any automated payments scheduled through PayPal. |
14. | GOVERNING LAW | |
14.1 | This Agreement shall be governed by the federal laws of the United States and the laws of the State of Florida, without regard to any conflict of laws provisions. |