HEALTHYWAY.COM TERMS OF USE
Latest Revisions: May 24, 2018
WELCOME TO WWW.HEALTHYWAY.COM. Solid Ventures Inc., A CALIFORNIA CORPORATION (“Solid Ventures”) OFFERS THIS WEBSITE AND/OR MOBILE APPLICATION TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use”). PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OUR WEBSITE AND MOBILE APPLICATION CAREFULLY. YOUR USE OF THIS WEBSITE AND/OR MOBILE APPLICATION SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW. By using our website and/or mobile application, you agree to these Terms of Use. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. You should check these Terms of Use periodically for changes. By using this website and/or mobile application after we post any changes to these Terms of Use, or affirmatively accepting such changes, as may apply, you agree to accept those changes, whether or not you have reviewed them. IF YOU DO NOT AGREE WITH ANY OR ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THIS WEBSITE OR OUR MOBILE APPLICATION. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT admin@solid.ventures. The privacy statement of HealthyWay.com is hereby incorporated by reference herein.
IMPORTANT – READ CAREFULLY: This is a legal agreement between you and Solid Ventures. By accepting these Terms of Use when prompted by this website and/or mobile application, or by using this website and/or mobile application, as may apply, you agree to be and hereby are bound by the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, leave this website and/or mobile application immediately and do not access and/or use this website or our mobile application.
License: Solid Ventures or affiliated or third parties granting rights to Solid Ventures hold all right, title, and interest in and to the materials on this website and its mobile application, which are the copyrighted work of Solid Ventures or such affiliated or third parties. Solid Ventures grants you a limited, personal, non-exclusive, non-assignable and non-transferable license to use and display the materials only on your personal computer or handheld device only for purposes associated with your interaction with this website and its mobile application. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner, nor may you reverse engineer or attempt to extract the source code of any software used in connection therewith, unless laws prohibit those restrictions or you have our written permission. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website and/or mobile application or any materials and you agree not to “frame” or “mirror” the website and/or mobile application, any material contained on or accessible from this website and/or mobile application on any other server or Internet-based device without the advanced written authorization of Solid Ventures. The Terms of Use apply as long as you use any feature on this website or its mobile application.
General Use Restrictions: In Solid Ventures’s efforts to promote good citizenship within the Internet community, if Solid Ventures becomes aware of inappropriate use of the website and/or mobile application, Solid Ventures will respond in any way that, in its sole discretion, Solid Ventures deems appropriate. You acknowledge that Solid Ventures will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When legally required, Solid Ventures will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on our website or the Internet.
User Consent: You are solely responsible for the profiles (including your name, image, and likeness), reviews, submissions, messages, notes, text, information, photos, video, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through this website or mobile application, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the website or mobile application that you did not create or that you do not have permission to post. You understand and agree that Solid Ventures may, but is not obligated to, review the website and mobile application and may delete or remove (without notice) any website and/or mobile application content or User Content in its sole discretion, for any reason or no reason, including User Content that, in the sole judgment of Solid Ventures, violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible, at your sole cost and expense, for creating backup copies and replacing any User Content you post or store on the website, its mobile application, or provide to Solid Ventures. You agree that under no circumstances will Solid Ventures be liable in any way for any loss or damage to any User Content you post, e-mail, or otherwise make available to Solid Ventures.
When you post User Content to the website or mobile application, you authorize and direct Solid Ventures to make such copies thereof as Solid Ventures deems necessary in order to facilitate the posting and storage of the User Content on the website or its mobile application. By posting User Content to any part of this website or mobile application, you automatically grant, and you represent and warrant that you have the right to grant to Solid Ventures an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content. Solid Ventures reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content submitted through the website or its mobile application, provided, however, in the event Solid Ventures desires to use or publish any User Contact for a purpose other than to improve and market its products, Solid Ventures shall obtain consent from the creator of such User Content.
In connection with User Content, you further agree that you will not: (i) submit or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, publicity, and publication rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit or post material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business (other than as assigned in a phase or otherwise in an academic context); (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights, and we will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. We may terminate your access to the website or mobile application if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the website or mobile application more than twice. We also reserve the right to decide whether User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.
Indemnification for Unauthorized Activities: Any unauthorized use of any materials contained on this website and/or mobile application may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, other applicable laws and regulations and/or the rights of any third party. You alone are responsible for your actions in relation, and tangential, to your use of this website or its mobile application. As such, you shall indemnify and hold Solid Ventures and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising directly or indirectly, or for the purpose of avoiding, any claim or demand from a third party that (a) your use of this website or its mobile application, (b) your violation of these Terms of Use, (c) your violation of any applicable law or regulation, or (d) your violation of the rights of any third party.
Third Party Interaction and Links to Third Party Websites: In your use of this website or its mobile application, you may encounter links to third party websites, services, and advertisements (collectively, “Third-Party Sites & Ads“). Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, interaction, purchase or promotion, is solely between you and the applicable third party. Solid Ventures provides these Third-Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third-Party Sites & Ads at your own risk. When you link to Third Party Sites & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Sites & Ads. You agree that Solid Ventures has no liability, obligation or responsibility for any such correspondence, interaction, purchase or promotion between you and any such third party including, but not limited to, any third-party credit card processing agency or any third party that accepts credit cards or other types of payments from you. Further, Solid Ventures and its agents or representatives do not endorse or in any respect warrant any third-party products, services, advice or opinions by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its articles and related content.
You agree that Solid Ventures shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals. If there is a dispute between yourself and any third party, you acknowledge and agree that Solid Ventures is under no obligation to become involved. In the event that you have a dispute with any such third party, you hereby release Solid Ventures, its agents, affiliates, officers, directors, employees, successors and assigns, from any and all liability associated with such dispute.
Privacy: The privacy statement for HealthyWay.com is available at https://healthyway.com/privacy/.
Intellectual Property: All the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in this website and mobile application are owned by Solid Ventures or Solid Ventures licensors. The provision of this website and/or mobile application does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Solid Ventures reserves all rights not granted in these Terms of Use.
If you provide Solid Ventures any feedback or suggestions (“Feedback“) regarding this website and/or mobile application, you hereby assign to Solid Ventures all rights in the Feedback and agree that Solid Ventures shall have the right to use such Feedback and related information in any manner it deems appropriate. Solid Ventures will treat any Feedback you provide to Solid Ventures as non-confidential and non-proprietary. You agree and affirm you will not submit to Solid Ventures any information or ideas that you consider to be confidential or proprietary.
Copyright Policy: In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC § 512, this website and mobile application have designated an agent to receive notices of claims of copyright infringement:
Solid Ventures, Inc.
Attn: Vice President of Business Operations
6665 Delmar Boulevard
Suite 3000
St. Louis, MO 63130
Telephone: 760-593-7711
Email: admin@solid.ventures
If you believe your copyright has been infringed, you may provide us with written notice. To be effective, the notification must be a written communication that includes the following:
- a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Trademarks and Images: The trademarks, logos, and service marks, including those products or services denoted with TM or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this website and/or mobile application are registered or unregistered trademarks of Solid Ventures and its affiliates, and third parties. If a Trademark and/or Image is owned by a third party, Solid Ventures or its affiliates has obtained or will obtain permission from such third party to use the third party Trademark and/or Image on this website and/or mobile application. Nothing contained in this website and/or mobile application should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of Solid Ventures, its affiliate, or the applicable third party. Your misuse of Trademarks and/or Images on the website and/or mobile application, and the respective contents of each, except as provided in these Terms of Use, is strictly prohibited. You are advised that Solid Ventures will aggressively enforce its intellectual property rights in the website and mobile applications, and each of the same’s contents, to the fullest extent of the law, which may include pursuing criminal sanctions.
Disclaimer of Warranties: Your use of this website and/or mobile application is at your own risk. This website and/or mobile application may include inaccuracies or errors. The content contained on the website and/or mobile application has not been independently verified or authenticated in whole or in part by Solid Ventures. Solid Ventures has no liability for any faults, errors or omissions in any content or other products or services described on the website and/or mobile application, whether provided by Solid Ventures or third parties.
THIS WEBSITE AND/OR MOBILE APPLICATION IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. Solid Ventures, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, PRODUCTS, SERVICES, OR CONTENT TO THIS WEBSITE AND MOBILE APPLICATION, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE OR MOBILE APPLICATION INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE DESCRIBED OR OFFERED ON THE WEBSITE AND/OR MOBILE APPLICATION. FURTHER, WE MAKE NO WARRANTY THAT THE WEBSITE AND/OR MOBILE APPLICATION: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS. Solid Ventures ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT.
Solid Ventures IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE AND/OR MOBILE APPLICATION, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE WEBSITE AND/OR MOBILE APPLICATION, OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL Solid Ventures BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE AND/OR MOBILE APPLICATION, ANY CONTENT POSTED ON OR THROUGH THE WEBSITE AND/OR MOBILE APPLICATION, OR CONDUCT OF ANY USERS OF THE WEBSITE AND/OR MOBILE APPLICATION, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON THE WEBSITE AND/OR MOBILE APPLICATION. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Solid Ventures WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE AND/OR MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE AND/OR MOBILE APPLICATION, OR YOUR INABILITY TO USE ANY OF THE SAME, EVEN IF Solid Ventures HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSIONS ENUMERATED HEREIN MAY NOT APPLY TO YOU.
Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, Solid Ventures DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Solid Ventures shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to break-down of the World Wide Web or this website and/or mobile application, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather or other act of God.
Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms of Use (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) Fifty US Dollars ($50.00) and (b) amounts you have paid Solid Ventures in the prior 12 months (if any). The existence of more than one claim will not enlarge the foregoing limit. You agree that our affiliates shall have no liability of any kind arising from or relating to these terms of use.
Health Disclaimer: This website and/or mobile application may provide weight management, workout recommendations or ideas, and other general health-related information and content published over the World Wide Web and is intended only to assist users in their personal weight loss, nutrition, fitness, and other health-related efforts. Solid Ventures and its affiliates are not medical organizations and our staff cannot give you medical advice or diagnosis. Nothing contained in this website and/or mobile application should be construed as such advice or diagnosis. The information, reports and articles that may be found on or available through this website and/or mobile application or its users should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Any information provided by this website and/or mobile application is for entertainment only and not as a treatment or remedy for an individual circumstance.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort or nutrition, health, or fitness regimen. This website and/or mobile application is intended for use only by healthy adult individuals. The website and/or mobile application is not intended for use by minors or individuals with any type of health condition or concern. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or nutrition, health, or fitness regimen. Any product or service advertised on this website and/or mobile application does not guarantee the results shown on this website and/or mobile application and results may not be typical.
Solid Ventures does not warrant or represent that any such health-related information is error-free, and Solid Ventures does not represent or endorse any third parties or the methods that they use to arrive at their conclusions. All product specifications, performance data, and other information on the website or mobile application is for informational and illustrative purposes only and does not constitute a guarantee or representation that advertised products will conform to such specifications or performance data.
Inaccuracies or Errors: The descriptions, materials, submissions, and other representations of products or services on this website and/or mobile application may contain inaccuracies and errors. Solid Ventures does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products or services described on this website and/or mobile application may change without notice to you at any time.
Local Laws; Export Control: Solid Ventures controls and operates this website, and maintains its mobile application, from its headquarters in the United States of America and makes no representation that the products or services described on the website and/or mobile application are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this website and/or mobile application are solely directed to individuals, companies, or other entities located in the United States of America. If you use this website and/or mobile application from outside the United States of America, you are entirely responsible for compliance with applicable local laws.
Submitting Content: If you want to submit an article or other content to this website and/or mobile application, please contact us with a description of the content you would like to submit and any additional detail you feel is pertinent to your proposal. Our publishing team will review your request and, if appropriate, respond to you for further information. If your article or content is approved, any such submissions you make are subject to our privacy statement and these Terms of Use.
Contact Details: Contact us at (760) 593-7711 or admin@solid.ventures.
Your Representations: You hereby represent and warrant that you are age 18 or older, that you have read these Terms of Use and thoroughly understand the terms contained in these Terms of Use. You further represent that Solid Ventures has the right to rely upon all information provided to Solid Ventures by you, and Solid Ventures may contact you by email, provided you have registered to receive such emails and have not affirmatively opted out of receiving such correspondence after having initially registered to receive such correspondence pursuant to our privacy statement.
In addition, you agree not to use this website and/or mobile application to:
- upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to this website and/or mobile application, or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to this website and/or mobile application, other computer systems or networks connected to or used together with this website and/or mobile application, through password mining or other means;
- tamper with any copyright protection mechanisms applicable to content on the website and/or mobile application;
- introduce software or automated agents or scripts to the website and/or mobile application so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the website and/or mobile application (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website and/or mobile application 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).
No Class Actions: TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury: TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
Terms of Use Revisions: Solid Ventures may revise these Terms of Use at any time without notice by updating this posting. Your continued use of the website and/or mobile application after such modifications have been made, or your affirmative acceptance of such changes, as may apply, will constitute your acceptance of such revised Terms of Use.
Applicable Law: Any action related to these Terms of Use will be governed by the laws of the State of Missouri, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in St. Louis County, Missouri, United States of America, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the website and/or mobile application.
If an action is filed by either party claiming breach of these Terms of Use and we prevail, Solid Ventures and its affiliates shall be entitled to recover reasonable attorneys’ fees, costs, and any damages or other relief that we may be awarded.
If we have to provide information in response to a subpoena related to your account or license, then we reserve the right to charge you for our costs, which may include (but are not limited to) attorneys’ and employees’ time spent retrieving the records, preparing documents, and participating in a deposition.
Entire Agreement. These Terms of Use (including the privacy statement) constitutes the entire agreement between you and us regarding the use of this website and/or mobile application. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither yourself or Solid Ventures, or its affiliates, is an agent or partner of the other. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Solid Ventures’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms of Use shall be binding upon assignees.
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