TERMS OF SERVICE
1. BINDING AGREEMENT
These terms (Terms) govern your use of HOLVIC Inc.’s (HOLVIC) websites and services, such as our ConsiderBeyond brand platform (the Service), software that we include as part of our Service, including any software, applications, and any related documentation (collectively Software), and products we make available for purchase on our Service (collectively Products). By using our Service or Software, including making purchases from us through our Service, you agree to these Terms.
IF YOU HAVE ENTERED INTO ANOTHER AGREEMENT WITH US CONCERNING A SPECIFIC SERVICE OR SOFTWARE, THEN THE TERMS OF THAT AGREEMENT CONTROLS WHERE IT CONFLICTS WITH THESE TERMS. ADDITIONAL PRODUCT SPECIFIC TERMS OF SALE WHICH MAY BE PRESENTED TO YOU ON OUR PRODUCT PAGES MAY APPLY TO YOU AT THE TIME OF CHECKOUT.
By setting up a ConsiderBeyond account, by using our Service, by using or downloading Software, by purchasing Products, or by clicking the “I accept” button (or its equivalent), you agree to these Terms. If at any point for any reason you do not agree to any portion of the then-current version of these Terms, our Privacy Policy, or any other HOLVIC policy, rules or codes of conduct relating to your use of our Service, your license to use our Service shall immediately terminate and you must stop using our Service and promptly remove any Software installed on your computer.
HOLVIC may offer a variety of products and services. As a result, additional terms or service requirements may apply. Additional terms will be available with the relevant Service and/or Product, and those additional terms become part of your agreement with us if you use that Service or purchase that Product. If you receive Software from us, the use of such software is governed by any End User License Agreement (EULA) presented to you. If no EULA or additional license terms are presented to you, these Terms apply.
Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other HOLVIC terms, policy, rules or codes of conduct, these Terms shall govern.
2. ELIGIBILITY
You acknowledge that you are age 13 or older, and, if under the age of majority in your jurisdiction, are using our Service under the consent and supervision of a parent, legal guardian, or other responsible adult. In any event, if you are under the age of majority in your jurisdiction you are not allowed to use our Service or submit personal information to us.
3. EQUIPMENT
You must provide all equipment and software necessary to access our Service. You are responsible for all internet fees, data fees, or mobile fees that you incur while accessing our Service.
4. Changes to Terms & Our Service
4.1 HOLVIC reserves the right, at our discretion, to change or modify these Terms at any time. Although it is your responsibility to review these Terms from time to time for any changes, HOLVIC will notify you of any revisions to these Terms by posting them at this location, and may provide other notice which may include by email or in-Service notice. If you do not agree to the revised Terms, you must stop using our Service. Your continued use of our Service, including purchasing Products from us, following any revision to these Terms signifies your assent to and acceptance of the revised Terms.
4.2 These Terms may not otherwise be amended except in a writing hand signed by you and HOLVIC. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
4.3 You agree that HOLVIC retains the unfettered right to modify any aspect of our Service. You acknowledge that HOLVIC has been, is, and will be constantly making changes to our Service. These changes include modifications to features, functions or abilities of any element of our Service.
4.4 All descriptions, prices, images, references, features, content, specifications, products and services described or depicted on our Service, are subject to change (including availability) at any time without notice.
5. PRODUCT SHIPMENTS, RETURNS, AND EXCHANGES
When you purchase a curated Product from us, we will send you products selected by us in our sole discretion. Any shipment date provided by us is an estimate only, and actual shipment dates are determined in our discretion depending on inventory and delivery locations. To purchase Products, you will be required to follow the purchase process on our Service to submit the order, which we may accept by accepting payment and shipping you ordered Products.
We only accept returns for unused defective Products in their original packaging. If you want to send back a defective Product (or defective portion of the Product), please email us at support@considerbeyond.com and include your name, shipping address, order number, date of order, and description of the defect. Once we approve a return, we will send you a return shipping label. Once we receive the return Product and determine that the return is valid, we will promptly ship a replacement Product (or defective portion of the Product) to you. You must contact us within 3 days of receiving your Product. We will not accept requests to return any items after the foregoing 3 day period. We do not provide refunds unless we do not or cannot provide an exchange for the defective portion of your returned product. Please note that due to the nature of our curation service, we do not guarantee that we will exchange or replace any defective Product.
We may decline to accept any order you make in our sole discretion without liability whatsoever to you. If we decline to accept your order, we may notify you at the email address you provided.
Our Products descriptions may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability to you. Products displayed may be out of stock or discontinued, and prices are subject to change at any time. We reserve the right to limit purchase quantities. We make no guarantees that any Product described on our Services will be available.
6. CONSIDERBEYOND CONSCIOUS BRAND / SUSTAINABILITY PROGRAM
As part of our Sustainability evaluation program, we feature on our Service and make available links to third party brands and products (Brands) that we believe meet our standards of Conscious Brand and Sustainability. We use public brand data, Brand responses to our evaluation questionnaires, and our internal evaluation tools to determine whether a Brand meets our standards of Conscious Brand and Sustainability.
REGARDLESS OF WHETHER WE QUALIFY A BRAND AS MEETING OUR STANDARDS OF CONSCIOUS BRAND AND SUSTAINABILITY OR FEATURE THEM THROUGH OUR SERVICE, WE CAN ONLY PROVIDE OUR OPINION ON CONSCIOUS BRAND AND SUSTAINABILITY AND MAKE NO GUARANTEE OR ASSURANCE WHATSOEVER THAT THE BRAND WILL MEET YOUR REQUIREMENTS OF SUSTAINABILITY OR ANY OTHER OF YOUR REQUIREMENTS. WHILE WE PROVIDE BRAND INFORMATION ON CONSCIOUS SUSTAINABILITY, IT IS ULTIMATELY YOUR RESPONSIBILITY TO INDEPENDENTLY RESEARCH AND BECOME INFORMED ABOUT THE BRAND YOU ARE ENGAGING.
7. LICENSE TO USE OUR SERVICE & SOFTWARE
7.1 Subject to these Terms, HOLVIC grants you a non-exclusive, non-transferable license when you sign up for an account, where applicable, to: (i) access and use our Service for your own personal use, (ii) download and install Software on authorized devices within your possession and control, and (iii) use Software to access and use our Service for your own personal use.
7.2 Our Service and Software, and their content, features, and functionality are owned by HOLVIC, its licensors, or other providers of such material and is protected by copyright and other laws and international treaty provisions. Except for the licenses explicitly granted in these Terms, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in our Service or Software, ownership of which is retained by HOLVIC and its suppliers, as applicable. Any updates to our Service or Software are also governed by these Terms.
7.3 Software is licensed, not sold, to you for use only under these Terms, and HOLVIC and our suppliers reserve all rights not expressly granted to you.
7.4 You agree to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, of Software in the same form and manner that such copyright and other proprietary notices are included on Software. Except as expressly authorized by these Terms, you shall not make any copies or duplicates of Software without the prior written permission of HOLVIC.
7.5 SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN AN APPLICABLE EULA. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH EULA AND THESE TERMS, THE EULA SHALL CONTROL WITH RESPECT TO SUCH SOFTWARE ONLY. SUCH SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE EULA.
8. VIOLATION OF TERMS
8.1 You may use our Service only for lawful purposes, in accordance with these Terms, and only in the manner contemplated by the functionalities of our Service (in HOLVIC’s sole judgment).
8.2 You may not utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by HOLVIC in connection with our Service or Software.
8.3 Except as expressly authorized in these Terms or allowed by applicable law, you may not (i) use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer our Service or Software, or otherwise attempt to derive the source code of our Service or Software; (ii) translate, adapt, arrange, or create derivative works based on, or otherwise modify our Service or Software or any elements thereof for any purpose; (iii) permit our Service or Software to be used on a service bureau, time sharing basis or otherwise; or authorize any third party to do any of the foregoing.
8.4 Any reproduction or redistribution of our Service or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
8.5 WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE USER ACCOUNTS, PROHIBIT ACCESS TO ALL OR ANY PORTION OF OUR SERVICE, DELAY OR REMOVE USER CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING OUR SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS, PRIVILEGES, ITEMS ASSOCIATED WITH YOUR USE OF OUR SERVICE, AND HOLVIC IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
8.6 YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS SUSPENDED OR DEACTIVATED, OR IF YOU ARE DENIED ACCESS TO OUR SERVICE, WHETHER SUCH SUSPENSION, DEACTIVATION, OR DENIAL WAS VOLUNTARY OR INVOLUNTARY. YOU PROMISE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST HOLVIC, ITS LICENSOR(S) OR THIRD PARTY PROVIDERS, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM FOR THE "VALUE" OF YOUR ACCOUNT IF HOLVIC DELETES IT (AND/OR SUSPENDS, DEACTIVATES, OR TERMINATES YOUR ACCOUNT), (II) A CLAIM FOR THE "VALUE" OF YOUR CONTENT OR WORK PRODUCT THAT YOU MAY LOSE IF HOLVIC DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THESE TERMS, EULA, RULES OF CONDUCT, AND/OR PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR BUGS IN OUR SERVICE AND/OR (III) A CLAIM THAT THE "VALUE" OF YOUR CONTENT HAS INCREASED OR DECREASED BY VIRTUE OF ANY MODIFICATION THAT HOLVIC HAS MADE OR WILL MAKE TO OUR SERVICE.
9. Registration,User Names & Passwords
9.1 In order to access some features of our Service, you may be required to register an account with us.
9.2 When creating or updating an account, you may be asked to provide us with certain personal information, which may include your e-mail address and other information that can be used to identify you. Such information, if provided to us, will be held and used in accordance with our Privacy Policy.
9.3 Notwithstanding anything herein to the contrary, you acknowledge and agree that you have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall be owned solely and exclusively by HOLVIC.
9.4 You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, HOLVIC has the right to suspend or deactivate your account and refuse you from any and all current and future use of our Service (or any portion thereof).
9.5 When registering for an account, you will be asked to choose a password and username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as determined by HOLVIC in its sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms. You are entirely responsible for maintaining the confidentiality and security of your account information (including usernames, passwords and billing information).
9.6 You are solely responsible for any and all activities that occur under your account. You agree to properly exit from your account at the end of each session. You agree to notify HOLVIC immediately of any unauthorized use of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by HOLVIC).
9.7 HOLVIC will not be liable for any loss or damage that you may suffer as a result of someone else using your account, either with or without your knowledge. You will be liable for any and all losses incurred by HOLVIC and/or any of its licensors due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make your account available to others. Any distribution by you of your account or related information may result in suspension or deactivation of your account.
9.8 If you access the Service through a social networking service (SNS) as part of the functionality of the Service, you represent that you are entitled to disclose your SNS account login information to HOLVIC and/or grant HOLVIC access to your SNS account (including, but not limited to, for use for the purposes described herein). PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS SERVICE PROVIDERS, AND HOLVIC DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH SNS SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SNS ACCOUNTS.
9.9 If you provide us with a mobile number, you consent to receiving text (SMS) messages from us. Standard text messaging rates may apply based on your plan with your mobile carrier.
10. LINKS
Our Service contains links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.
Your correspondence or dealings with the linked website or service providers are solely between you and such third party, and HOLVIC is neither responsible nor liable for any part of such dealings. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and our Privacy Policy does not apply with respect to such data provided to the third parties.
11. THIRD-PARTY MERCHANTS & PROVIDERS
Our Service may enable you to order and receive products, information and services from third parties that are not owned or operated by us (such as Brands). The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such third parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for our Service. In addition, our Service may prompt you to establish an account with a third party not owned or operated by us. Your agreement and understanding with any such third party is solely between you and such third party. We will not be a party to or in any way be responsible for your agreement with such third-party. Any disputes you may encounter with such third party shall be settled solely between you and such third party.
12. USER CONTENT & UNSOLICITED SUBMISSIONS
12.1 Certain aspects of our Service allow users to upload, transmit or post content. Content includes but is not limited to links, images, videos, texts, sound recordings and fonts.
By uploading, transmitting or posting content which is viewable by the public or other users of our Service, you automatically grant us and our designees, or warrant that the owner of such content has expressly granted us and our designees, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display content you upload, transmit or post throughout the world in any media. You also hereby grant each user of our Service a non-exclusive license to access such content, and to use, reproduce, distribute, display and perform such content, each in the manner contemplated by our Service and these Terms.
You further represent and warrant that: (i) you own or have the necessary rights (intellectual property rights or otherwise) in and to any and all content you upload, transmit or post and to enable inclusion and use of such content in the manner contemplated by our Service and these Terms; (ii) that we will not need to obtain any licenses or consents from, or make any payments to, any third party for any use or exploitation of such content as authorized herein, or have any liability to you or any other party as a result of any use or exploitation of such content as authorized herein; (iii) content you upload, transmit or post will not be illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam;” (iv) content you upload, transmit or post may be copied by other users of our Service (where permitted by the intended functionality of our Service); and (v) if you do not have the right to upload, transmit or post content for such use, it may subject you to liability.
HOLVIC takes no responsibility and assumes no liability for any content uploaded, transmitted or posted by you or any third party. We have no obligation to monitor such content on our Service and we are not responsible for monitoring our Service for inappropriate or illegal content or conduct by other users. However, we retain the right, in our sole discretion, to edit, refuse, or remove any content. We may also, at our discretion, monitor and/or record your interaction with our Service or your communications with HOLVIC or other users (including without limitation chat text and voice communications) when you are using our Service.
12.2 We are pleased to hear from you and welcome comments regarding our Service. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those we has specifically requested. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed, and shall remain, the property of HOLVIC. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of HOLVIC, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.
13. COPYRIGHT NOTICES & COMPLAINTS
HOLVIC respects the intellectual property of others, and we ask our users to do the same. HOLVIC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide HOLVIC's Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
HOLVIC’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
HOLVIC Inc.
Copyright Agent
Email: legal@considerbeyond.com
14. ELECTRONIC COMMUNICATIONS
14.1 When you use our Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices through our Service. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
14.2 You acknowledge and agree that when Software is installed and connected to the Internet, HOLVIC (and/or third parties acting on behalf of HOLVIC) may automatically collect certain information and data from you including user identifications, product codes, product types, product versions, and your hardware specifications (“User Data”). The User Data is used for purposes of user registration, activation, updating, validating, monitoring installation, providing technical support, and such other purposes reasonably necessary to monitor and maintain Software and provide you with our Service. You hereby consent to HOLVIC monitoring, maintaining, using, storing and disclosing such User Data within the scope of these Terms and our Privacy Policy, as applicable.
15. THIRD PARTY MARKETPLACES
These Terms are between you and HOLVIC only, not with Apple, Google, Facebook or any other third party through which you may have purchased or accessed Software ("Marketplaces"). The Marketplaces are not responsible for our Service or Software. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to Software. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to Software. The Marketplaces are not responsible for addressing any claims by you or any third party relating to Software or your possession and/or use of Software, including, but not limited to: (i) product liability claims; (ii) any claim that Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that Software infringes upon a third party's intellectual property rights.
16. THIRD PARTY SOFTWARE
You acknowledge that certain Software may contain copyrighted software of third parties, including open sourced software, which are obtained under a license from such parties (“Third Party Software”). All third party licensors retain all right, title and interest in and to such Third Party Software and all copies thereof, including all copyright and other intellectual property rights. Your use of any Third Party Software shall be subject to, and you shall comply with, these Terms, and the applicable restrictions and other terms and conditions set forth in any Third Party Software documentation or printed materials, including without limitation an end user license agreement. There may be provisions in an open source end user license agreement that expressly override some of these Terms.
Notwithstanding anything to the contrary contained in Third Party Software licenses, the disclaimer of warranties and the limitation of liability provisions in these Terms shall apply to such Third Party Software.
17. TERM & TERMINATION
Your right to use our Service and Software are effective the earlier of when you first use our Service, download Software, or by clicking the “I accept” button (or its equivalent), and continues so long as you use our Service or have an account with us, whichever is longer.
Upon termination, the licenses granted to you by HOLVIC shall cease, you may not be able to access or retrieve any content associated with your account, and you will promptly remove Software from your device. If you terminate your account, you agree that we may keep your content on our servers for a reasonable time thereafter (for example, to enable you to renew a subscription or reactivate your account, if you so desire).
In the event of expiration or termination of your account, the representations made by you in these Terms, and the obligations of each party, which by their nature would continue beyond the termination or expiration of these Terms, including without limitation the Sections entitled “Term and Termination”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Equitable Remedies”, “Disputes”, and Sections 22 through 254 shall survive such expiration or termination.
18. DISCLAIMERS
18.1 NEITHER HOLVIC, ITS AFFILIATES, LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "HOLVIC PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT OUR SERVICE, SOFTWARE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE, SOFTWARE, OR PRODUCTS, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED ON OR THROUGH OUR SERVICE, SOFTWARE OR PRODUCTS.
18.2 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICE, SOFTWARE OR PRODUCTS IS AT YOUR SOLE RISK. OUR SERVICE AND ANY CONTENT APPEARING ON OUR SERVICE, INCLUDING USER CONTENT, SOFTWARE, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, HOLVIC MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICE, BRANDS APPEARING ON OUR SERVICE, SOFTWARE OR PRODUCTS. HOLVIC DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
19. LIMITATION OF LIABILITY
19.1 IN NO EVENT WILL ANY OF THE HOLVIC PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY EVEN IF HOLVIC WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2 IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY HOLVIC PURSUANT TO THESE TERMS, OR IN ANY OTHER WAY CONCERNING OUR SERVICE, SOFTWARE OR PRODUCTS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF OUR SERVICE OR THE APPLICABLE PRODUCT IN THE 180 DAY PERIOD PRECEDING YOUR CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING OUR SERVICE AND TERMINATE YOUR ACCOUNT.
19.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE HOLVIC PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH HOLVIC PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS.
19.4 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
19.5 THE HOLVIC PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON OUR SERVICE, INCLUDING, WITHOUT LIMITATION, BY ANYONE OTHER THAN AUTHORIZED HOLVIC EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES.
20. INDEMNIFICATION
You agree to indemnify and hold HOLVIC Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Service, Software or Products in violation of these Terms and/or any breach of your representations and warranties set forth above and/or if content you post causes us to be liable to another.
21. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms to HOLVIC are of a unique and irreplaceable nature, the loss of which shall irreparably harm HOLVIC and which cannot be replaced by monetary damages alone. Accordingly, HOLVIC shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of our Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Service or any content or other material used or displayed through our Service and agree to limit your claims to monetary damages (but only to the extent permissible under these Terms).
22. DISPUTES
22.1 The laws of the Republic of Korea govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will, only to the extent required by applicable law, be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country in which you reside. You and we irrevocably consent to the exclusive jurisdiction and venue of the Seoul Central District Court located in the Republic of Korea, for all disputes arising out of or relating to these Terms.
22.2 Any claim or cause of action arising out of or related to use of our Service or these Terms must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
22.3 For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
22.4 All claims you bring against HOLVIC must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, HOLVIC shall be entitled to recover attorneys' fees and costs up to $2,000, provided that HOLVIC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
23. SEVERABILITY
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
24. ENFORCEABILITY, ENTIRE AGREEMENT & NON-WAIVER
These Terms are deemed accepted upon any use of our Service or purchase of Products. These Terms and any additional terms referenced herein constitute the entire agreement between you and HOLVIC regarding the use of our Service or the purchase or Products. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
25. ASSIGNMENT
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefore. However, we may transfer or assign all or a part of our rights or responsibilities under these Terms to any person or entity without your consent.
26. FORCE MAJEURE
We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
27. NOTICES
We may notify you by posting(s) made within our Service, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. Any notice to HOLVIC required according to these Terms must be in writing and addressed to [***], unless we have provided a more specific method of notifying us.
28. TECHNICAL & CUSTOMER SUPPORT
Subject to the other provisions of these Terms, HOLVIC will attempt to help you with any queries or problems that you may have with our Service, any of your purchases, and any questions about these Terms generally. To reach our customer support team, please e-mail us support@considerbeyond.com.
