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Terms of Service
Please read this User Terms and Conditions Agreement (the "Agreement") carefully before registering to be a User (hereinafter defined). The Agreement sets out the terms under which the RestingSpot.com website and the RestingSpot mobile applications (together making up the "Platform") are provided to you. By registering with the RestingSpot Platform, you become a user of the Service (a "User"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a User.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE.
1. AGE REQUIREMENT
Each user affirms that they are more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and that they are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions. If a user is under the age of 18, they affirm that they have permission of a parent or guardian to access the RestingSpot platform and have complied with all of the additional conditions set forth in these terms and conditions.
2. CHANGES TO TERMS
RestingSpot.com and its mobile applications are owned by RestingSpot, LLC (.RestingSpot.), a Nebraska Limited Liability Company. We reserve the right at any time to:
a. Change the terms and conditions of this Agreement;
b. Change the Platform, including eliminating or discontinuing any content on or feature of the Platform; and
c. Change any fees or charges for using the Platform.
Any changes to the Terms will be effective immediately upon posting by RestingSpot on the Platform. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. Your continued use of the Platform now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications thereof.
3. REGISTRATION AND ACCESS
To become a User you must register with us. When and if you register to become a User, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete.
a. You agree that we may rely on your Registration Data as accurate, current and complete.
b. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Site.
Either you or RestingSpot may terminate your account at any time, for any reason or no reason at all, effective upon sending written notice to the other party. RestingSpot reserves the right to immediately suspend or terminate your access to the Platform, without notice, upon any breach of this Agreement by you, which is brought to RestingSpot.s attention.
Your RestingSpot account is for your sole, personal use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You agree to notify RestingSpot immediately of any breach of security or unauthorized use of your account. Although RestingSpot will not be liable for losses caused by any unauthorized account use, users may be liable if their account is used in violation of these terms and conditions..
4. CODE OF CONDUCT
You agree to use the Platform in accordance with the following Code of Conduct:
a. You agree that you will use the RestingSpot platform for personal genealogical research and not for any commercial purpose. B.
b. You will not use the RestingSpot platform to transmit, upload, post or link to any content that is libelous, defamatory, obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar; that is hateful or racially or ethnically objectionable; or that invades another person's privacy.
c. You will not post or publish any information that you know is false or misleading.
d. You will not impersonate any other person.
e. You will not post any content that violates the copyright or right of publicity or any other right of another person.
f. You will not use the RestingSpot platform to harm or solicit personal information from any minor.
g. You will not post or attempt to post advertisements or commercial solicitations.
h. You will not send, post or transmit a software virus or other computer code, files or programs designed to interfere with, disable or destroy the software, hardware or telecommunications equipment of another person. (This list is not exclusive).
5. INFORMATION SUBMITTED BY USERS Users are allowed to post content on the RestingSpot platform for others to view. RestingSpot, however, does not guarantee the confidentiality of any of the proceeding user submissions. .Each user shall be solely responsible for his or her own submissions and the consequences of posting or publishing them. Each user affirms, represents, and warrants that: (i) her or she owns or has the necessary licenses, rights, consents, and permissions to post the submission and that they fully authorize RestingSpot to include the submission within the RestingSpot platform; and (ii) he or she has the written consent, release, and/or permission of each and every living, identifiable person in the user submission to use that person's name or likeness in the manner contemplated by RestingSpot..By submitting the user submissions, each user hereby grants RestingSpot a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with RestingSpot.s (and its successors') business, including without limitation for promoting and redistributing part or all of RestingSpot in any media format and through any media channel. .Users are strongly encouraged to notify us of any offensive, indecent, objectionable or pornographic material on the RestingSpot platform. We will remove any material that we, in our sole discretion, determine violates these terms and conditions, but we make no assurance that content you believe is offensive will be removed.
6. COPYRIGHT MATERIAL SUBMITTED BY USERS
RestingSpot does not permit copyright infringement or infringement of intellectual property rights. RestingSpot will remove all content and user submissions if properly notified that such content violates any copyright protection or infringes on another's intellectual property rights. RestingSpot reserves the right to remove content and user submissions without prior notice. RestingSpot also reserves the right to terminate a user's access to the RestingSpot platform if that person is determined to be a repeat infringer. RestingSpot also reserves the right to decide whether content or a user submission is appropriate and complies with these terms and conditions..If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, please contact us at our copyright notification division.
7. CONTENT RIGHTS ON THE RESTINGSPOT PLATFORM
Except as set out in this section, the content on the Restingspot platform including, without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to RestingSpot, LLC subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. .All Content on the RestingSpot platform, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and personal use only as permitted through the RestingSpot Platform. Except as permitted by these terms and conditions, Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Each user agrees not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through the RestingSpot Platform for any commercial purposes. Users who download or print a copy of the Content for personal use, must retain all copyright and other proprietary notices contained therein. Users agree not to circumvent, disable or otherwise interfere with security related features of the RestingSpot platform or features that prevent or restrict use of copying of any Content or enforce limitations on use of the RestingSpot platform or Service or the Content therein.
8. INTERNATIONAL USERS
By using the RestingSpot platform, users who are not citizens or residents of the United States living within its territories hereby agree that they will comply with all local rules regarding online conduct and acceptable content. International users further agree that they will comply with any local law governing privacy in addition to the privacy laws of the United States when posting user Content. To the fullest extent permitted by law, users consent to the collection and transfer of Personal Information as set forth in our Privacy Policy.
9. INDEMNITY BY USER
You agree to indemnify, defend and hold RestingSpot, its officers, directors, employees, agents and representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including without limitation reasonable attorneys' fees) or other expenses made by any third party due to or arising out of, directly or indirectly, your use of the RestingSpot Platform, including but not limited to:
a. Your breach of this Agreement;
b. Any allegation that any materials that you submit to us or post on the Platform infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
c. Your activities in connection with the Platform.
This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
10 ONLINE CONTENT
Opinions, advice, statements, offers or other information or content made available through the Platform are those of their respective User-author and not of RestingSpot, and should not necessarily be relied upon. Such Users are solely responsible for such content. RESTINGSPOT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE. UNDER NO CIRCUMSTANCES WILL RESTINGSPOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS. You understand and agree that RestingSpot may, but has no obligation to, review and delete any content, messages, photos or profiles that in the sole judgment of RestingSpot violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
The Platform may contain links to other Internet Web sites or resources. We neither control nor endorse such other Web sites, nor have we reviewed any content that appears on such other Web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other Web sites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information. We suggest that you review the terms of use and privacy statements of such other Internet sites prior to your use of them.
11. PRIVACY AND USE OF INFORMATION
By registering for the Services you have also agreed to our Privacy Statement. You acknowledge that:
A. WE CANNOT ENSURE THE SECURITY OR PRIVACY OF INFORMATION YOU PROVIDE THROUGH THE INTERNET AND YOUR EMAIL MESSAGES, AND YOU RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF SUCH INFORMATION BY OTHER PARTIES;
B. WE ARE NOT RESPONSIBLE FOR, AND CANNOT CONTROL, THE USE BY OTHERS OF ANY INFORMATION WHICH YOU PROVIDE TO THEM AND YOU SHOULD USE CAUTION IN SELECTING THE PERSONAL INFORMATION YOU PROVIDE TO OTHERS THROUGH THE SERVICE; AND
c. WE CANNOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF MESSAGES SENT BY OTHER USERS OF THE SERVICE, AND YOU RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENTS OF ANY COMMUNICATIONS YOU MAY RECEIVE FROM OTHER USERS. WE CANNOT GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR VERIFYING, THE ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE SERVICE.
12. TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or any activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Platform at our sole discretion, and RestingSpot may report you to the appropriate law enforcement agencies.
13. DISCLAIMER OF WARRANTIES
THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS. RESTINGSPOT DOES NOT WARRANT THAT THIS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, AND INTERRUPTIONS IN THE AVAILABILITY OF THE PLATFORM. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE PLATFORM IS AT YOUR OWN RISK. RESTINGSPOT DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY USER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE PLATFORM WHETHER BY RESTINGSPOT, OUR PARTNERS OR ANY USER OF THE PLATFORM OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, USER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL RESTINGSPOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE PLATFORM, ANY CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE.
14. LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will RestingSpot be liable to you or any third party for any indirect, consequential (including lost profits), incidental, special or punitive damages arising from your use of the Platform, even if RestingSpot has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, RestingSpot.s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to RestingSpot for a particular service during the term of your membership.
15. DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Platform, or of any RestingSpot related products and services. We reserve the right to disclose information about your usage of the Platform and demographics in forms that do not reveal your personal identity.
And by your use of the Platform, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
16. GOVERNING LAW
The parties hereby irrevocably consent and submit to the jurisdiction of the District Court of Douglas County, Nebraska and the United States District Court for the State of Nebraska, and hereby waive any objection based on venue or forum non conveniens with respect to any action instituted in connection with or related to this Agreement. The parties hereby irrevocably agree that any legal action or proceeding against you or RestingSpot arising out of this Agreement or related to the Platform shall be governed by and interpreted in accordance with the State of Nebraska, Douglas County, USA, substantive law, excluding its conflict of laws provisions or any principles which would result in a choice of law for the Contract Documents other than Nebraska law. As permitted by Article 6 of the Convention on Contracts for the International Sale of Good, the parties hereby agree and confirm that it is their intention that the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not in any way apply or be enforceable with respect to this Agreement or the Service.
17. ASSIGNMENT
You do not have the right to assign this Agreement or any of your rights to the Platform to anyone. RestingSpot has the right to assign any or all of its rights and duties under this Agreement or to the Platform to any third party. At the election of RestingSpot, if RestingSpot.s obligations hereunder are assumed by a third party, RestingSpot shall be relieved of any and all liability under this Agreement.
18. OTHER
This Agreement, accepted upon use of the Web site and further affirmed by becoming a User of the Service, contains the entire agreement between you and RestingSpot regarding the use of the Platform. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
CONTACT US
Please Contact Us with any questions regarding this Agreement.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE.
1. AGE REQUIREMENT
Each user affirms that they are more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and that they are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions. If a user is under the age of 18, they affirm that they have permission of a parent or guardian to access the RestingSpot platform and have complied with all of the additional conditions set forth in these terms and conditions.
2. CHANGES TO TERMS
RestingSpot.com and its mobile applications are owned by RestingSpot, LLC (.RestingSpot.), a Nebraska Limited Liability Company. We reserve the right at any time to:
a. Change the terms and conditions of this Agreement;
b. Change the Platform, including eliminating or discontinuing any content on or feature of the Platform; and
c. Change any fees or charges for using the Platform.
Any changes to the Terms will be effective immediately upon posting by RestingSpot on the Platform. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. Your continued use of the Platform now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications thereof.
3. REGISTRATION AND ACCESS
To become a User you must register with us. When and if you register to become a User, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete.
a. You agree that we may rely on your Registration Data as accurate, current and complete.
b. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Site.
Either you or RestingSpot may terminate your account at any time, for any reason or no reason at all, effective upon sending written notice to the other party. RestingSpot reserves the right to immediately suspend or terminate your access to the Platform, without notice, upon any breach of this Agreement by you, which is brought to RestingSpot.s attention.
Your RestingSpot account is for your sole, personal use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You agree to notify RestingSpot immediately of any breach of security or unauthorized use of your account. Although RestingSpot will not be liable for losses caused by any unauthorized account use, users may be liable if their account is used in violation of these terms and conditions..
4. CODE OF CONDUCT
You agree to use the Platform in accordance with the following Code of Conduct:
a. You agree that you will use the RestingSpot platform for personal genealogical research and not for any commercial purpose. B.
b. You will not use the RestingSpot platform to transmit, upload, post or link to any content that is libelous, defamatory, obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar; that is hateful or racially or ethnically objectionable; or that invades another person's privacy.
c. You will not post or publish any information that you know is false or misleading.
d. You will not impersonate any other person.
e. You will not post any content that violates the copyright or right of publicity or any other right of another person.
f. You will not use the RestingSpot platform to harm or solicit personal information from any minor.
g. You will not post or attempt to post advertisements or commercial solicitations.
h. You will not send, post or transmit a software virus or other computer code, files or programs designed to interfere with, disable or destroy the software, hardware or telecommunications equipment of another person. (This list is not exclusive).
5. INFORMATION SUBMITTED BY USERS Users are allowed to post content on the RestingSpot platform for others to view. RestingSpot, however, does not guarantee the confidentiality of any of the proceeding user submissions. .Each user shall be solely responsible for his or her own submissions and the consequences of posting or publishing them. Each user affirms, represents, and warrants that: (i) her or she owns or has the necessary licenses, rights, consents, and permissions to post the submission and that they fully authorize RestingSpot to include the submission within the RestingSpot platform; and (ii) he or she has the written consent, release, and/or permission of each and every living, identifiable person in the user submission to use that person's name or likeness in the manner contemplated by RestingSpot..By submitting the user submissions, each user hereby grants RestingSpot a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with RestingSpot.s (and its successors') business, including without limitation for promoting and redistributing part or all of RestingSpot in any media format and through any media channel. .Users are strongly encouraged to notify us of any offensive, indecent, objectionable or pornographic material on the RestingSpot platform. We will remove any material that we, in our sole discretion, determine violates these terms and conditions, but we make no assurance that content you believe is offensive will be removed.
6. COPYRIGHT MATERIAL SUBMITTED BY USERS
RestingSpot does not permit copyright infringement or infringement of intellectual property rights. RestingSpot will remove all content and user submissions if properly notified that such content violates any copyright protection or infringes on another's intellectual property rights. RestingSpot reserves the right to remove content and user submissions without prior notice. RestingSpot also reserves the right to terminate a user's access to the RestingSpot platform if that person is determined to be a repeat infringer. RestingSpot also reserves the right to decide whether content or a user submission is appropriate and complies with these terms and conditions..If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, please contact us at our copyright notification division.
7. CONTENT RIGHTS ON THE RESTINGSPOT PLATFORM
Except as set out in this section, the content on the Restingspot platform including, without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to RestingSpot, LLC subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. .All Content on the RestingSpot platform, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and personal use only as permitted through the RestingSpot Platform. Except as permitted by these terms and conditions, Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Each user agrees not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through the RestingSpot Platform for any commercial purposes. Users who download or print a copy of the Content for personal use, must retain all copyright and other proprietary notices contained therein. Users agree not to circumvent, disable or otherwise interfere with security related features of the RestingSpot platform or features that prevent or restrict use of copying of any Content or enforce limitations on use of the RestingSpot platform or Service or the Content therein.
8. INTERNATIONAL USERS
By using the RestingSpot platform, users who are not citizens or residents of the United States living within its territories hereby agree that they will comply with all local rules regarding online conduct and acceptable content. International users further agree that they will comply with any local law governing privacy in addition to the privacy laws of the United States when posting user Content. To the fullest extent permitted by law, users consent to the collection and transfer of Personal Information as set forth in our Privacy Policy.
9. INDEMNITY BY USER
You agree to indemnify, defend and hold RestingSpot, its officers, directors, employees, agents and representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including without limitation reasonable attorneys' fees) or other expenses made by any third party due to or arising out of, directly or indirectly, your use of the RestingSpot Platform, including but not limited to:
a. Your breach of this Agreement;
b. Any allegation that any materials that you submit to us or post on the Platform infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
c. Your activities in connection with the Platform.
This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
10 ONLINE CONTENT
Opinions, advice, statements, offers or other information or content made available through the Platform are those of their respective User-author and not of RestingSpot, and should not necessarily be relied upon. Such Users are solely responsible for such content. RESTINGSPOT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE. UNDER NO CIRCUMSTANCES WILL RESTINGSPOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS. You understand and agree that RestingSpot may, but has no obligation to, review and delete any content, messages, photos or profiles that in the sole judgment of RestingSpot violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
The Platform may contain links to other Internet Web sites or resources. We neither control nor endorse such other Web sites, nor have we reviewed any content that appears on such other Web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other Web sites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information. We suggest that you review the terms of use and privacy statements of such other Internet sites prior to your use of them.
11. PRIVACY AND USE OF INFORMATION
By registering for the Services you have also agreed to our Privacy Statement. You acknowledge that:
A. WE CANNOT ENSURE THE SECURITY OR PRIVACY OF INFORMATION YOU PROVIDE THROUGH THE INTERNET AND YOUR EMAIL MESSAGES, AND YOU RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF SUCH INFORMATION BY OTHER PARTIES;
B. WE ARE NOT RESPONSIBLE FOR, AND CANNOT CONTROL, THE USE BY OTHERS OF ANY INFORMATION WHICH YOU PROVIDE TO THEM AND YOU SHOULD USE CAUTION IN SELECTING THE PERSONAL INFORMATION YOU PROVIDE TO OTHERS THROUGH THE SERVICE; AND
c. WE CANNOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF MESSAGES SENT BY OTHER USERS OF THE SERVICE, AND YOU RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENTS OF ANY COMMUNICATIONS YOU MAY RECEIVE FROM OTHER USERS. WE CANNOT GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR VERIFYING, THE ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE SERVICE.
12. TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or any activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Platform at our sole discretion, and RestingSpot may report you to the appropriate law enforcement agencies.
13. DISCLAIMER OF WARRANTIES
THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS. RESTINGSPOT DOES NOT WARRANT THAT THIS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, AND INTERRUPTIONS IN THE AVAILABILITY OF THE PLATFORM. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE PLATFORM IS AT YOUR OWN RISK. RESTINGSPOT DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY USER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE PLATFORM WHETHER BY RESTINGSPOT, OUR PARTNERS OR ANY USER OF THE PLATFORM OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, USER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL RESTINGSPOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE PLATFORM, ANY CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE.
14. LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will RestingSpot be liable to you or any third party for any indirect, consequential (including lost profits), incidental, special or punitive damages arising from your use of the Platform, even if RestingSpot has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, RestingSpot.s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to RestingSpot for a particular service during the term of your membership.
15. DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Platform, or of any RestingSpot related products and services. We reserve the right to disclose information about your usage of the Platform and demographics in forms that do not reveal your personal identity.
And by your use of the Platform, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
16. GOVERNING LAW
The parties hereby irrevocably consent and submit to the jurisdiction of the District Court of Douglas County, Nebraska and the United States District Court for the State of Nebraska, and hereby waive any objection based on venue or forum non conveniens with respect to any action instituted in connection with or related to this Agreement. The parties hereby irrevocably agree that any legal action or proceeding against you or RestingSpot arising out of this Agreement or related to the Platform shall be governed by and interpreted in accordance with the State of Nebraska, Douglas County, USA, substantive law, excluding its conflict of laws provisions or any principles which would result in a choice of law for the Contract Documents other than Nebraska law. As permitted by Article 6 of the Convention on Contracts for the International Sale of Good, the parties hereby agree and confirm that it is their intention that the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not in any way apply or be enforceable with respect to this Agreement or the Service.
17. ASSIGNMENT
You do not have the right to assign this Agreement or any of your rights to the Platform to anyone. RestingSpot has the right to assign any or all of its rights and duties under this Agreement or to the Platform to any third party. At the election of RestingSpot, if RestingSpot.s obligations hereunder are assumed by a third party, RestingSpot shall be relieved of any and all liability under this Agreement.
18. OTHER
This Agreement, accepted upon use of the Web site and further affirmed by becoming a User of the Service, contains the entire agreement between you and RestingSpot regarding the use of the Platform. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
CONTACT US
Please Contact Us with any questions regarding this Agreement.