Cashbot.ai Inc. Terms of Use Agreement
Version 2.1
Effective Date: Mar 15th, 2017
Last Updated: Feb 1st, 2019
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF CASHBOT.AI, INC. (“CASHBOT”), ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY CASHBOT. THESE TERMS OF USE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE BY ACCESS OR USING THE WEBSITE IN ANY WAY, (“USERS”) INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CASHBOT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU ARE AN ADVERTISER AND WOULD LIKE TO WORK WITH US, PLEASE CONTACT US DIRECTLY AND DO NOT REGISTER FOR AN ACCOUNT ON THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement”.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY CASHBOT IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Cashbot will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.1 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new Users of the Website and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 2.1 below). Cashbot may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.
1. Use of the Services and Cashbot Properties. The Software, the Website, the Services, and the information and content available on the Website and the Services (as these terms are defined herein) (collectively, the “Cashbot Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, Cashbot grants you a limited license to reproduce portions of Cashbot Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Cashbot in a separate license, your right to use any Cashbot Properties is subject to the Agreement.
1.1. Definitions.
(a) “Ad Content” means advertising content provided by Cashbot’s advertising partners and/or suppliers.
(b) “API” means Cashbot’s application programming interface.
(c) “Cashbot Platform” means Cashbot’s software platform accessible via this Website.
(d) “Chat Applications” means a chatbot or chat application developed or owned by a Registered User.
(e) “End Users” mean the consumers of the Registered User’s Chat Applications.
1.2. Cashbot Services. Cashbot has developed a platform that allows its Registered Users that own or have developed Chat Applications to use the Cashbot Platform and API to push Ad Content into their Chat Applications for consumption by End Users interacting with their Chat Applications.
1.3. Updates. You understand that Cashbot Properties are evolving. As a result, Cashbot may require you to accept updates to Cashbot Properties that you have installed on your computer or mobile device. You acknowledge and agree that Cashbot may update Cashbot Properties with or without notifying you. You may need to update third-party software from time to time in order to use Cashbot Properties.
1.4. Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Cashbot Properties or any portion of Cashbot Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Cashbot Properties (including images, text, page layout or form) of Cashbot; (c) you shall not use any metatags or other “hidden text” using Cashbot’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Cashbot Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Cashbot Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Cashbot Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Cashbot Properties. Any future release, update or other addition to Cashbot Properties shall be subject to the Agreement. Cashbot, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of Cashbot Properties terminates the licenses granted by Cashbot pursuant to the Agreement.
1.5. Third-Party Materials. As a part of Cashbot Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Cashbot to monitor such materials and that you access these materials at your own risk.
2. Registration.
2.1. Registering Your Account. In order to access certain features of Cashbot Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”) by email verification, or by verification using a valid account on the social networking service like Facebook (“SNS”) through which the user has connected to the Website (each such account, a “Third-Party Account“). You may not register for multiple Accounts without our permission.
2.2. Access Through a SNS. If you access the Cashbot Properties through a SNS as part of the functionality of the Website and/or the Services, you may link your Account with Third-Party Accounts, by allowing Cashbot to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Cashbot and/or grant Cashbot access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Cashbot to pay any fees or making Cashbot subject to any usage limitations imposed by such third-party service providers. By granting Cashbot access to any Third-Party Accounts, you understand that Cashbot may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Cashbot Properties that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through Cashbot Properties via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be User Content (as defined in Section 3.1) for all purposes of the Agreement. Depending 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 Cashbot Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Cashbot’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Cashbot Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. PLEASE 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, AND CASHBOT DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Cashbot makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Cashbot is not responsible for any SNS Content.
2.3. Registration Data. In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Cashbot Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Cashbot Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Cashbot immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cashbot has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cashbot has the right to suspend or terminate your Account and refuse any and all current or future use of Cashbot Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. Cashbot reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Cashbot Properties if you have been previously removed by Cashbot, or if you have been previously banned from any of Cashbot Properties.
2.4. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Cashbot.
2.5. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Cashbot Properties, including but not limited to, a mobile device that is suitable to connect with and use Cashbot Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Cashbot Properties.
3. Responsibility for Content.
3.1. Types of Content. You acknowledge that all files, materials, data, text, audio, video, images or other content, including Cashbot Properties (“Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not Cashbot, are entirely responsible for all Content that you or your End Users upload, post, e-mail, transmit or otherwise make available (“Make Available”) to Cashbot through the API or Services, (“User Content”). You agree that Cashbot’s advertising partners own and are solely responsible for the Ad Content transmitted through the Services and API to Chat Applications and End Users.
4. Ownership.
4.1. Cashbot Properties. Except with respect to User Content, you agree that Cashbot and its suppliers own all rights, title and interest in Cashbot Properties (including but not limited to, any computer code) and API. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services or Cashbot Properties.
4.2. Trademarks. Cashbot, and other related graphics, logos, service marks and trade names used on or in connection with Cashbot Properties or in connection with the Services are the trademarks of Cashbot and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Cashbot Properties are the property of their respective owners.
4.3. User Content. Cashbot does not claim ownership of User Content. You hereby grant Cashbot a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, publish, translate, create derivative works from, distribute, and derive revenue or other remuneration from User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed by Cashbot, provided that with respect to personally identifiable User Content, Cashbot shall use such Content in compliance with Cashbot’s Privacy Policy a https://www.eyelevel.ai/privacy-policy. Any User Content shared by you may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not share a photograph of another person without that person’s permission. You represent and warrant that all third parties that have contributed to User Content have provided their consent to the collection of User Content, disclosure of User Content to Cashbot and Cashbot’s use of such User Content as contemplated by the Agreement. You indemnify Cashbot Parties (as defined below) against any losses suffered by Cashbot arising from any claims with respect to the foregoing.
4.4. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Cashbot through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Cashbot has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Cashbot a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Cashbot Properties.
5. User Conduct. As a condition of your use of the Cashbot Properties, you agree not to use Cashbot Properties for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Cashbot Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) engage in any incentive based advertising campaigns without prior approval from Cashbot; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (v) involves commercial activities and/or sales without Cashbot’s prior written consent; (vi) impersonates any person or entity, including any employee or representative of Cashbot or Cashbot’s customers; (vii) interferes with or attempt to interfere with the proper functioning of Cashbot Properties or uses Cashbot Properties in any way not expressly permitted by the Agreement; or (viii) attempts to engage in or engage in, any potentially harmful acts that are directed against Cashbot Properties, including but not limited to violating or attempting to violate any security features of Cashbot Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Cashbot Properties, introducing viruses, worms, or similar harmful code into Cashbot Properties, or interfering or attempting to interfere with use of Cashbot Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Cashbot Properties.
6. Third-Party Services.
6.1. Third-Party Websites, Applications. Cashbot Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Cashbot Properties and are subject to the Agreement and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Cashbot. Cashbot is not responsible for any Third-Party Websites or Third-Party Applications. Cashbot provides these Third-Party Websites or Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites or Third-Party Applications at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. Disclaimer of Warranties and Conditions.
7.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CASHBOT PROPERTIES IS AT YOUR SOLE RISK, AND CASHBOT PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CASHBOT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
(a). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CASHBOT OR THROUGH CASHBOT PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CASHBOT DOES NOT GUARANTEE THE RELEVANCY OR EFFECTIVENESS OF ANY AD CONTENT OR THAT ANY END USERS WILL INTERACT WITH ANY AD CONTENT. CASHBOT MAKES NO GUARANTEES THAT YOU WILL RECEIVE OR BE ENTITLED TO RECEIVE ANY COMMISSIONS PURSUANT TO THE AGREEMENT OR USE OF SERVICES.
(b). FROM TIME TO TIME, CASHBOT MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT CASHBOT’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
7.2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT CASHBOT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CASHBOT PARTIES LIABLE, FOR THE CONDUCT OF END USERS, ADVERTISERS, OR THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
8. Limitation of Liability.
8.1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CASHBOT PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH CASHBOT PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, WHETHER OR NOT CASHBOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF CASHBOT PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A CASHBOT PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A CASHBOT PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A CASHBOT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
8.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL CASHBOT PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50) AS A RESULT OF YOUR USE OF CASHBOT PROPERTIES, INCLUDING BUT NOT LIMITED TO YOUR USE OF OUR API.
8.3. User Content. EXCEPT FOR CASHBOT’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE CASHBOT PRIVACY POLICY, CASHBOT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
8.4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CASHBOT AND YOU.
9. Commissions.
9.1. Commissions. Certain features of our Services may entitle you to receive a commission which may be based on number of clicks per user or some other metric. If you would like to get more information about your commissions or estimates, please contact us support@cashbot.ai. We do not guarantee that your users will click on any Ad Content, or that you will receive any commissions under the Agreement.
10. Term and Termination.
10.1. Term. The Agreement commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Cashbot Properties, unless terminated earlier in accordance with the Agreement.
10.2. Prior Use. Notwithstanding the foregoing, if you used Cashbot Properties prior to the date you accepted the Agreement, you hereby acknowledge and agree that the Agreement commenced on the date you first used Cashbot Properties (whichever is earlier) and will remain in full force and effect while you use Cashbot Properties, unless earlier terminated in accordance with the Agreement.
10.3. Termination of Services by Cashbot. Cashbot has the right to, immediately and without notice, suspend or terminate your access to the Cashbot Properties. Further, if you have materially breached any provision of the Agreement, or if Cashbot is required to do so by law (e.g., where the provision of the Website, or the Services is, or becomes unlawful), Cashbot has the right to, immediately and without notice, suspend or terminate your access to any or all of the Cashbot Properties. You agree that all terminations for cause shall be made in Cashbot’s sole discretion and that Cashbot shall not be liable to you or any third-party for any termination of your Account.
10.4. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
11. Indemnification. You agree to indemnify and hold Cashbot, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Cashbot Party” and collectively, the “Cashbot Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) User Content; (b) your use of, or inability to use, any Cashbot Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any End Users of your Chat Applications; or (e) your violation of any applicable laws, rules or regulations. Cashbot reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cashbot in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Cashbot Properties.
12. International Users. Cashbot Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Cashbot intends to announce such Services or Content in your country. Cashbot Properties are controlled and offered by Cashbot from its facilities in the United States of America. Cashbot makes no representations that Cashbot Properties are appropriate or available for use in other locations. Those who access or use Cashbot Properties from other countries do so at their own volition and are responsible for compliance with local law.
13. General Provisions.
13.1. Electronic Communications. The communications between you and Cashbot use electronic means, whether you visit Cashbot Properties or send Cashbot e-mails, or whether Cashbot posts notices on Cashbot Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Cashbot in an electronic form; and (2) agree that all Agreement and conditions, agreements, notices, disclosures, and other communications that Cashbot provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
13.2. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Cashbot’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
13.3. Force Majeure. Cashbot shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13.4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Cashbot Properties, please contact us at: Cashbot, Inc., Attn: Questions, Complaints & Claims, ____________________. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
13.5. Exclusive Venue. Both you and Cashbot agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in California.
13.6. Governing Law. THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE AGREEMENT.
13.7. Notice. Where Cashbot requires that you provide an e-mail address, you are responsible for providing Cashbot with your most current e-mail address. In the event that the last e-mail address you provided to Cashbot is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Cashbot’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Cashbot at the following address: Cashbot, Inc., Attn: E-mail Adresses, ___________. Such notice shall be deemed given when received by Cashbot by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
13.8. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.9. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
13.10. Export Control. You may not use, export, import, or transfer Cashbot Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Cashbot Properties, and any other applicable laws. In particular, but without limitation, Cashbot Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Cashbot Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Cashbot Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Cashbot are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Cashbot products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
13.11. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
13.12. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Agreement