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TERMS OF SERVICE

Last updated 14th February 2023

AGREEMENT TO TERMS

These Terms of Use are a binding agreement between you, as a user of the website, and [Company Name] ("Company," "we," "us," or "our"). By accessing and using the website, as well as any other media channel, mobile website, or application linked or connected to it (collectively, the "Site"), you agree to be bound by these Terms of Use. If you do not agree to these terms, you are expressly prohibited from using the Site, and you must discontinue use immediately. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right to make changes to these terms from time to time without notice, and your continued use of the Site will signify your acceptance of any adjustment to these terms. You waive any right to receive notice of each such change and must ensure that you review the terms every time you use the Site so that you understand which terms you will be subject to and will have been aware of to have the right to use the Site.

The Site is not tailored to comply with regulations (Health Portability and Accountability Act (HIPAA), Federal Management Act (FISMA), etc.). If your intentions are subjected to such laws, you may not use this Site, and you may not use the Site in a way that would violate the Act. The Site is intended for users who are at least 18 years of age or older. If you are under the age of 18, you are not permitted to access or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless indicated otherwise, the Site is our proprietary property. All source databases, software, website designs, photographs, graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos (collectively, the "Marks") are owned or licensed by us and are protected by copyright and trademark laws and various other unfair competition laws of the United States, international copyright laws, and conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site, no Content or Marks may be copied, reproduced, uploaded, posted, publicly displayed, encoded, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to copy any portion of the Content to which you have gained access solely for your personal use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all information you provide will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and update such registration as necessary; (3) you have the legal capacity to enter into these Terms of Use and to comply with them; (4) you are not a minor in the jurisdiction in which you reside; (5) you will abide by these terms; (6) you will not use the Site for any illegal or unauthorized purpose, and your use of the Site will not violate any applicable law or regulation.

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.

PROHIBITED ACTIVITIES

You may only use the Site as we make it available. The Site may not be used for any commercial endeavors except those that are authorized by us.

By using the Site, you agree not to:

  • Collect data from our Site directly or indirectly, such as through web scraping or other automated means, without our written consent.

  • Trick or mislead us or other users, especially in any attempt to obtain sensitive account information such as user passwords.

  • Interfere with the Site, including its features, content, or any limitations on its use.

  • Use any information obtained from the Site to harass, abuse, make fraudulent offers of goods or services, or submit false reports of abuse or misconduct.

  • Use the Site in a manner that is inconsistent with its intended use.

  • Engage in unauthorized framing or linking to the Site.

  • Transmit or post any material that interferes with the operation or maintenance of the Site.

  • Engage in any conduct that involves data mining or similar data gathering tools.

  • Delete or alter any proprietary rights notices on the Site.

  • Attempt to impersonate another user or use the username of another user.

  • Upload or transmit (or attempt to upload or transmit) any material that acts as a transmission mechanism, including without limitation, clear gifs, 1x1 pixels, web bugs, cookies, or similar devices that facilitate or provide an "invisible" monitoring or tracking mechanism.

  • Intentionally interfere with or disrupt the operation of the Site or any networks connected to the Site.

  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users, or attempt to do so.

  • Copy or adapt the Site's code, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decompile, disassemble, or reverse engineer any of the software used to operate the Site.

  • Use the Site to distribute any kind of malware, cheat utility, scraper, data mining tool, or similar unauthorized software or tool.

  • Use the Site as a buying agent or purchasing agent to make purchases on the Site.

  • Make any use of the Site, including collecting, scraping, or emailing by the purpose of sending unsolicited or unauthorized advertising or promotional material.

  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any purpose not expressly authorized by these Terms of Service.

  • Sell or otherwise transfer your profile or account on the Site to another party.

USER GENERATED CONTRIBUTIONS

The Site does not offer users the ability to submit content. We may provide you with the opportunity to create, submit, post, display, transmit, publish, or share material on the Site, including but not limited to writings, audio, photographs, graphics, suggestions, or any other material (collectively, "Contributions"). Your Contributions may be viewed by other users of the Site and, as such, are subject to the Site's Privacy Policy. By creating or making available any Contributions, you represent and warrant that:

• The transmission or use of your Contributions will not infringe upon the proprietary rights, including but not limited to the copyright, trademark, trade secret, or patent rights, of any third party.

• You have obtained the written consent, release, and/or permission of each and every identifiable individual in your Contributions to use their name or likeness in any manner permitted by the Site and these Terms of Use.

• Your Contributions are not false, inaccurate, misleading, or unsolicited or unauthorized advertising, promotional materials, pyramid schemes, spam, mass mailings, or any other form of solicitation.

• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

• Your Contributions do not violate the privacy, publicity, intellectual property, or other rights of any third party.

• Your Contributions do not contain any material that is harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable.

• Your Contributions do not violate any applicable law, regulation, or ordinance.

Any use of the Site that violates the foregoing provisions violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting, storing, or transmitting any content or data on or to the Site, you grant us a perpetual, non-exclusive, irrevocable, worldwide, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content or data (in whole or part) and to incorporate it in other works in any form, media, or technology now known or later developed, all without compensation to you. We may also use and share feedback, suggestions, or other comments regarding the Site for any purpose without obligation to you. You retain ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You are solely responsible for your Contributions to the Site and you expressly agree to indemnify us against any and all claims and liabilities resulting from your Contributions.

SUBMISSIONS

Any content or materials submitted to the Site belong to us and we own exclusive rights, including intellectual property rights, and are entitled to unrestricted use and dissemination of these materials for any commercial or non-commercial purposes, with or without compensation to you. By submitting any content, you waive any moral rights and represent that you have the right to submit such materials without infringing on any third-party rights. There will be no obligation for us to provide any acknowledgement of any original content that is submitted.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities; (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; (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 detrimental to our systems; (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy. Please review our Privacy Policy at https://www.expedeck.com/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site is hosted in the United Kingdom, and if you access the Site from any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United Kingdom laws, then please be advised that through your continued use of the Site, which is governed by United Kingdom law, you are transferring your personal information to the United Kingdom and you consent to that transfer.

TERM AND TERMINATION

These Terms of Use will remain in full force and effect while you use the Site. We may, in our sole discretion, deny access to and use of the Site to any person for any reason or 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. We 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 and 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 or a fake or borrowed name, or the name of any third party, even if you may be 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 without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to remove or discontinue all or any part of the Site at any time and for any reason without notice to you. We make no guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We 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. You 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. Nothing 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.

GOVERNING LAW

These terms and conditions are governed by and interpreted in accordance with the laws of the United Kingdom, excluding the use of the United Nations Convention on Contracts for the International Sale of Goods. If your residence is in the EU, you are a consumer and possess the rights granted to you by the provisions of the law of your country. You agree to submit to the jurisdiction of the courts of the United Kingdom, which means that you may make a claim to defend your rights in the courts of your country of residence.

DISPUTE RESOLUTION

Informal Negotiations:

To expedite and reduce the cost of any dispute, controversy, or claim related to these terms (each a "Claim"), the parties involved (each a "Party") will first attempt to resolve any such Claim informally for at least thirty (30) days before initiating any arbitration or court proceeding.

 

Binding Arbitration:

Any Claim arising out of or related to these terms shall be settled by arbitration in accordance with the Rules of the European Court of Arbitration, which is part of the European Centre of Arbitration having its seat in Strasbourg and which are in force at the time the request for arbitration is made and of which this agreement constitutes acceptance. The seat of arbitration shall be the United Kingdom. The language of the arbitration shall be English. The governing law of the agreement shall be the substantive law of the United Kingdom.

The parties agree that any arbitration shall be limited to the Claim between the parties. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Claim to be arbitrated on a class-action basis or to utilize class action procedures; and (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.

 

Exceptions to Informal Negotiations and Arbitration:

The parties agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Claim related to or arising from allegations of piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Claim falling within that portion of this provision found to be illegal or unenforceable and such Claim shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be typographical inaccuracies, errors, or omissions on the site, and various features may be unavailable. We reserve the right to correct any errors or omissions, and to modify or update the site at any time without notice.

DISCLAIMER

The site is provided on an "as is" and "as available" basis. You agree that your use of the site and our services will be at your sole risk. To 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. We make no warranties or representations about the accuracy or completeness of the site's content or content of any other 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 or any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (3) interruption or cessation of transmission to or from the site, (4) bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, (5) 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. We 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 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. As 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.

LIMITATIONS OF LIABILITY

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. If we have advised of the possibility of such damages, notwithstanding anything to the contrary contained herein, our liability to you for any cause and regardless of the form of the action will at all times be limited to the lesser of the amount paid, if any, by you to us during the six-month period prior to any cause of action arising or $294.00 USD. Certain U.S. state laws and international laws do not allow limitations of implied warranties or the exclusion or limitation of certain damages, so 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.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, all of our partners, and employees harmless from any liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of the site, (2) any breach of these terms of use, (3) any breach of representations and warranties set forth in these terms of use, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any harmful act toward any other user of the site with whom you are connected via the site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, in which event you agree to cooperate, at your expense, with our defense of such claims. We 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.

USER DATA

We will maintain data on the Site, such as data related to the usage of the Site. Regular routines for data backup are in place. You are solely responsible for all data that you upload or generate through any activity you perform using the Site. You agree that we shall have no liability for any loss of or damage to such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

The use of emails, messaging, and computing constitutes electronic communications. You consent to and agree that notices, disclosures, and other communications sent to you electronically, via email or posted on the Site, satisfy any requirement that such communications be in writing. YOU 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. You 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 other than electronic means.

MISCELLANEOUS

The Terms of Use are governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use or part thereof is deemed to be unlawful or unenforceable, that provision or part thereof shall be deemed severable from the remainder of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Site. You acknowledge that these Terms of Use are an agreement between you and us, and that these Terms of Use shall not be construed against us by virtue of having drafted them. You 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.

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