Terms of Service

Last updated June 17, 2024

AGREEMENT TO OUR LEGAL TERMS
We are _ (“Company,” “we,” “us,” “our”).
We operate the website EdwardsHillWatch.com (the “Site”), as well as any other
related products and services that refer or link to these legal terms (the “Legal
Terms”) (collectively, the “Services”).
You can contact us by email at _ or by mail to _,
_, _.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”), and _, concerning
your access to and use of the Services. You agree that by accessing the Services,
you have read, understood, and agreed to be bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to
these Legal Terms at any time and for any reason. We will alert you about any
changes by updating the “Last updated” date of these Legal Terms, and you waive
any right to receive specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates. You will be subject
to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised Legal Terms by your continued use of the Services after the
date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the
age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
GUIDELINES FOR REVIEWS
SOCIAL MEDIA
THIRD-PARTY WEBSITES AND CONTENT
SERVICES MANAGEMENT
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
SMS TEXT MESSAGING
MISCELLANEOUS
CONTACT US
OUR SERVICES
The information provided when using the Services is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively, the “Content”), as
well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your
personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED
ACTIVITIES” section below, we grant you a non-exclusive, non-transferable,
revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have
properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out
in this section or elsewhere in our Legal Terms, please address your request to:
__. If we ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
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We reserve all rights not expressly granted to you in and to the Services, Content,
and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of
our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior
to using our Services to understand the (a) rights you give us and (b) obligations you
have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services (“Submissions”), you agree to
assign to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and dissemination
for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to text, writings,
video, audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material (“Contributions”). Any Submission that is
publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services
and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your
name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royaltyfree, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell,
resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your Contributions (including,
without limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into other
works, your Contributions, and to sublicense the licenses granted in this section. Our
use and distribution may occur in any media formats and through any media
channels.
This license includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions
and/or posting Contributions through any part of the Services or making
Contributions accessible through the Services by linking your account through the
Services to any of your social networking accounts, you:
confirm that you have read and agree with our “PROHIBITED ACTIVITIES”
and will not post, send, publish, upload, or transmit through the Services any
Submission nor post any Contribution that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to
any person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
to the extent permissible by applicable law, waive any and all moral rights to
any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or
that you have the necessary rights and licenses to submit such Submissions
and/or Contributions and that you have full authority to grant us the abovementioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not
constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you
expressly agree to reimburse us for any and all losses that we may suffer because of
your breach of (a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
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We may remove or edit your Content: Although we have no obligation to monitor
any Contributions, we shall have the right to remove or edit any Contributions at any
time without notice if in our reasonable opinion we consider such Contributions
harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the
authorities.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information
you submit will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not
access the Services through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Services for any illegal or
unauthorized purpose; and (7) your use of the Services 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 Services (or any portion thereof).
USER REGISTRATION
You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you select
if we determine, in our sole discretion, that such username is inappropriate, obscene,
or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the Services, you agree not to:
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.
Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
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 the Content
contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or
harm another person.
Make improper use of our support services or submit false reports of abuse or
misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance
of the Services.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
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Attempt to impersonate another user or person or use the username of
another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
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.
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorized script or other
software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means or
under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavor or
commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Services, including but not limited to
text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (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 nonproprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
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.
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Services and
these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms 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 are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
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person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third
party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
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 use of the Services in violation of the foregoing violates these Legal Terms and
may result in, among other things, termination or suspension of your rights to use the
Services.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions
accessible to the Services by linking your account from the Services to any of your
social networking accounts, you automatically grant, and you represent and warrant
that you have the right to grant, to 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, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. 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, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been asserted in
your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize any Contributions to place them in
more appropriate locations on the Services; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no obligation
to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting
a review, you must comply with the following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews
should not contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not
contain references to illegal activity; (5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any conclusions as to the legality
of conduct; (7) you may not post any false or misleading statements; and (8) you may
not organize a campaign encouraging others to post reviews, whether positive or
negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely
no obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or partners. We
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do not assume liability for any review or for any claims, liabilities, or losses resulting
from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and
license to reproduce, modify, translate, transmit by any means, display, perform,
and/or distribute all content relating to review.
SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online
accounts you have with third-party service providers (each such account, a “ThirdParty Account”) by either: (1) providing your Third-Party Account login information
through the Services; or (2) allowing us 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 and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us to pay any fees
or making us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your Third-Party
Account (the “Social Network Content”) so that it is available on and through the
Services via your account, including without limitation any friend lists and (2) we may
submit to and receive from your Third-Party Account additional information to the
extent you are notified when you link your account with the Third-Party Account.
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 the Services. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third-Party Account is
terminated by the third-party service provider, then Social Network Content may no
longer be available on and through the Services. You will have the ability to disable
the connection between your account on the Services and your Third-Party Accounts
at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRDPARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social Network Content. You
acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device or
tablet computer solely for purposes of identifying and informing you of those contacts
who have also registered to use the Services. You can deactivate the connection
between the Services and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through
such Third-Party Account, except the username and profile picture that become
associated with your account.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites
(“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other content
or items belonging to or originating from third parties (“Third-Party Content”). Such
Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or any
Third-Party Content posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices,
or other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement thereof
by us. If you decide to leave the Services and access the Third-Party Websites or to
use or install any Third-Party Content, you do so at your own risk, and you should be
aware these Legal Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any website to which
you navigate from the Services or relating to any applications you use or install from
the Services. Any purchases you make through Third-Party Websites will be through
Consent Management
Policies
Privacy Policy
Cookie Policy
Terms and Conditions
EULA
Return Policy
Disclaimer
Shipping Policy
Acceptable Use Policy
Settings
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other websites and from other companies, and we take no responsibility whatsoever
in relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us blameless from any
harm caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you relating
to or resulting in any way from any Third-Party Content or any contact with ThirdParty Websites.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations
of these Legal Terms; (2) take appropriate legal action against anyone who, in our
sole discretion, violates the law or these Legal Terms, including without limitation,
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
Services or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN 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 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 change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We will not be liable to you or
any third party for any modification, price change, suspension, or discontinuance of
the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting 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 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
Services during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and support the Services or
to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of
_. _ and yourself irrevocably consent that the courts of
__ shall have exclusive jurisdiction to resolve any dispute which may arise
in connection with these Legal Terms.
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DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”)
brought by either you or us (individually, a “Party” and collectively, the “Parties”), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least _ days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party
to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any
question regarding its existence, validity, or termination, shall be referred to and
finally resolved by the International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules
of this ICAC, which, as a result of referring to it, is considered as the part of this
clause. The number of arbitrators shall be _. The seat, or legal place, or
arbitration shall be _. The language of the proceedings shall be
_. The governing law of these Legal Terms shall be substantive law of
__.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any Dispute 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 binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft, 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 Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time,
without prior notice.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE 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 SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
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MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) 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 SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED 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 SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER 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 OR . CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF 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 harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any
breach of your representations and warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to intellectual property
rights; or (6) any overt harmful act toward any other user of the Services with whom
you connected via the Services. Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and 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 certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
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ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication 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
SERVICES. 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 any means other than electronic means.
SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the
text with “STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent
or received. The rates are determined by your carrier and the specifics of your mobile
plan.
Support
If you have any questions or need assistance regarding our SMS communications,
please email us at __.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services
or in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal
Terms operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal Terms
will 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 Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at email info@4dgrowth.com.

Privacy Policy

Last updated 6/17/2024.
This privacy notice for _ (“we,” “us,” or “our”), describes how and why we
might collect, store, use, and/or share (“process”) your information when you use our
services (“Services”), such as when you:
Questions or concerns? Reading this privacy notice will help you understand your
privacy rights and choices. If you do not agree with our policies and practices, please
do not use our Services.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find
out more details about any of these topics by clicking the link following each
key point or by using our table of contents below to find the section you are
looking for.
What personal information do we process? When you visit, use, or navigate our
Services, we may process personal information depending on how you interact with
us and the Services, the choices you make, and the products and features you use.
Learn more about personal information you disclose to us.
Do we process any sensitive personal information? We do not process sensitive
personal information.
Do we collect any information from third parties? We may collect information
from public databases, marketing partners, social media platforms, and other outside
sources. Learn more about information collected from other sources.
How do we process your information? We process your information to provide,
improve, and administer our Services, communicate with you, for security and fraud
prevention, and to comply with law. We may also process your information for other
purposes with your consent. We process your information only when we have a valid
legal reason to do so. Learn more about how we process your information.
In what situations and with which parties do we share personal information?
We may share information in specific situations and with specific third parties. Learn
more about when and with whom we share your personal information.
What are your rights? Depending on where you are located geographically, the
applicable privacy law may mean you have certain rights regarding your personal
information. Learn more about your privacy rights.
How do you exercise your rights? The easiest way to exercise your rights is by
submitting a data subject access request, or by contacting us. We will consider and
act upon any request in accordance with applicable data protection laws.

TABLE OF CONTENTS

WHAT INFORMATION DO WE COLLECT?
HOW DO WE PROCESS YOUR INFORMATION?
WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
HOW DO WE HANDLE YOUR SOCIAL LOGINS?
IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
HOW LONG DO WE KEEP YOUR INFORMATION?
DO WE COLLECT INFORMATION FROM MINORS?
WHAT ARE YOUR PRIVACY RIGHTS?
CONTROLS FOR DO-NOT-TRACK FEATURES
DO WE MAKE UPDATES TO THIS NOTICE?
HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT
FROM YOU?
WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register
on the Services, express an interest in obtaining information about us or our products
and Services, when you participate in activities on the Services, or otherwise when
you contact us.
Sensitive Information. We do not process sensitive information.
All personal information that you provide to us must be true, complete, and accurate,
and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or
browser and device characteristics — is collected automatically when you visit our
Services.
We automatically collect certain information when you visit, use, or navigate the
Services. This information does not reveal your specific identity (like your name or
contact information) but may include device and usage information, such as your IP
address, browser and device characteristics, operating system, language
preferences, referring URLs, device name, country, location, information about how
and when you use our Services, and other technical information. This information is
primarily needed to maintain the security and operation of our Services, and for our
internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar
technologies.
HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our
Services, communicate with you, for security and fraud prevention, and to comply
with law. We may also process your information for other purposes with your consent.
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We process your personal information for a variety of reasons, depending on
how you interact with our Services, including:
WHEN AND WITH WHOM DO WE SHARE YOUR
PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section
and/or with the following third parties.
We may need to share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection
with, or during negotiations of, any merger, sale of company assets, financing,
or acquisition of all or a portion of our business to another company.
Affiliates. We may share your information with our affiliates, in which case we
will require those affiliates to honor this privacy notice. Affiliates include our
parent company and any subsidiaries, joint venture partners, or other
companies that we control or that are under common control with us.
Business Partners. We may share your information with our business
partners to offer you certain products, services, or promotions.
DO WE USE COOKIES AND OTHER TRACKING
TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store
your information.
We may use cookies and similar tracking technologies (like web beacons and pixels)
to gather information when you interact with our Services. Some online tracking
technologies help us maintain the security of our Services, prevent crashes, fix bugs,
save your preferences, and assist with basic site functions.
We also permit third parties and service providers to use online tracking technologies
on our Services for analytics and advertising, including to help manage and display
advertisements, to tailor advertisements to your interests, or to send abandoned
shopping cart reminders (depending on your communication preferences). The third
parties and service providers use their technology to provide advertising about
products and services tailored to your interests which may appear either on our
Services or on other websites.
Specific information about how we use such technologies and how you can refuse
certain cookies is set out in our Cookie Notice.
HOW DO WE HANDLE YOUR SOCIAL LOGINS?
In Short: If you choose to register or log in to our Services using a social media
account, we may have access to certain information about you.
Our Services offer you the ability to register and log in using your third-party social
media account details (like your Facebook or X logins). Where you choose to do this,
we will receive certain profile information about you from your social media provider.
The profile information we receive may vary depending on the social media provider
concerned, but will often include your name, email address, friends list, and profile
picture, as well as other information you choose to make public on such a social
media platform.
We will use the information we receive only for the purposes that are described in this
privacy notice or that are otherwise made clear to you on the relevant Services.
Please note that we do not control, and are not responsible for, other uses of your
personal information by your third-party social media provider. We recommend that
you review their privacy notice to understand how they collect, use, and share your
personal information, and how you can set your privacy preferences on their sites
and apps.
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IS YOUR INFORMATION TRANSFERRED
INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other
than your own.
Our servers are located in. If you are accessing our Services from outside, please be
aware that your information may be transferred to, stored, and processed by us in
our facilities and by those third parties with whom we may share your personal
information (see “WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL
INFORMATION?” above), in and other countries.
If you are a resident in the European Economic Area (EEA), United Kingdom (UK), or
Switzerland, then these countries may not necessarily have data protection laws or
other similar laws as comprehensive as those in your country. However, we will take
all necessary measures to protect your personal information in accordance with this
privacy notice and applicable law.
HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes
outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the
purposes set out in this privacy notice, unless a longer retention period is required or
permitted by law (such as tax, accounting, or other legal requirements).
When we have no ongoing legitimate business need to process your personal
information, we will either delete or anonymize such information, or, if this is not
possible (for example, because your personal information has been stored in backup
archives), then we will securely store your personal information and isolate it from
any further processing until deletion is possible.
DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years
of age.
We do not knowingly collect, solicit data from, or market to children under 18 years of
age, nor do we knowingly sell such personal information. By using the Services, you
represent that you are at least 18 or that you are the parent or guardian of such a
minor and consent to such minor dependent’s use of the Services. If we learn that
personal information from users less than 18 years of age has been collected, we will
deactivate the account and take reasonable measures to promptly delete such data
from our records. If you become aware of any data we may have collected from
children under age 18, please contact us at __.
WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time, depending
on your country, province, or state of residence.
Withdrawing your consent: If we are relying on your consent to process your
personal information, which may be express and/or implied consent depending on
the applicable law, you have the right to withdraw your consent at any time. You can
withdraw your consent at any time by contacting us by using the contact details
provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?”
below.
However, please note that this will not affect the lawfulness of the processing before
its withdrawal nor, when applicable law allows, will it affect the processing of your
personal information conducted in reliance on lawful processing grounds other than
consent.
Acceptable Use Policy
Settings
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Account Information
If you would at any time like to review or change the information in your account or
terminate your account, you can:
Upon your request to terminate your account, we will deactivate or delete your
account and information from our active databases. However, we may retain some
information in our files to prevent fraud, troubleshoot problems, assist with any
investigations, enforce our legal terms and/or comply with applicable legal
requirements.
CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications
include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your
privacy preference not to have data about your online browsing activities monitored
and collected. At this stage, no uniform technology standard for recognizing and
implementing DNT signals has been finalized. As such, we do not currently respond
to DNT browser signals or any other mechanism that automatically communicates
your choice not to be tracked online. If a standard for online tracking is adopted that
we must follow in the future, we will inform you about that practice in a revised
version of this privacy notice.
DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant
laws.
We may update this privacy notice from time to time. The updated version will be
indicated by an updated “Revised” date at the top of this privacy notice. If we make
material changes to this privacy notice, we may notify you either by prominently
posting a notice of such changes or by directly sending you a notification. We
encourage you to review this privacy notice frequently to be informed of how we are
protecting your information.
HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may contact us by post at:

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE
DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request
access to the personal information we collect from you, details about how we have
processed it, correct inaccuracies, or delete your personal information. You may also
have the right to withdraw your consent to our processing of your personal
information. These rights may be limited in some circumstances by applicable law. To
request to review, update, or delete your personal information, please fill out and
submit a data subject access request.

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