Terms of Service

1. AGREEMENT TO OUR LEGAL TERMS

We are SoCoastal, LLC, doing business as Nearsight ("Company," "we," "us," or "our"), a company registered in South Carolina, United States, at 1229 38th Ave N #106, Myrtle Beach, SC 29577.

We operate the website https://www.nearsight.io (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at [email protected] or by mail to 1229 38th Ave N #106, Myrtle Beach, SC 29577, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and SoCoastal, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms. It is your responsibility to periodically review these Legal Terms. You will be deemed to have been made aware of and to have accepted the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

2. OUR SERVICES

Nearsight is a subscription-based competitive intelligence platform for the vacation rental industry. The Services provide data, metrics, scores, rankings, reports, and AI-assisted analysis about companies operating in the market, drawn from public and third-party sources and our own proprietary methodologies.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA)), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

3. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and the data and metrics we compile (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks do not include the Third-Party Materials described below, which remain the property of their respective owners.

Third-party trademarks and content. The Services display materials that belong to the companies we track and to other third parties, including company names, logos and favicons, website imagery, marketing emails and email campaign content, advertisements, and other brand assets (collectively, "Third-Party Materials"). All Third-Party Materials remain the property of their respective owners and are protected by the applicable trademark, copyright, and other intellectual property laws. We display Third-Party Materials for the purposes of identification, comparison, research, commentary, and competitive analysis. Our use of these materials does not imply any affiliation with, sponsorship by, or endorsement by the owners of those materials, and we claim no ownership of them. Nothing in these Legal Terms grants you any right in any Third-Party Materials beyond viewing them within the Services as permitted here, and you remain subject to the "Prohibited Activities" section with respect to them. If you are a rights holder and believe your materials should not appear in the Services, please contact us using the copyright notification process described below.

Marketing emails. Where the Third-Party Materials are marketing emails we receive as a subscriber, our practices and a sender opt-out process are described in our Email Monitoring Notice.

Your use of our Services. Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to use the Content to which you have properly gained access, solely for your internal business purposes for the duration of your subscription.

Except as set out in this section, as enabled by sharing or export features we expressly provide, or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these intellectual property rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

4. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, except through interfaces we expressly authorize, such as our API or MCP endpoints; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. USER REGISTRATION AND ACCOUNT SECURITY

To use the Services, you must have an account. We sign you in using a secure, single-use link sent to your email address; you are responsible for maintaining access to and the security of the email account associated with your Nearsight account. We reserve the right to remove, reclaim, or change any account identifier you select if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.

Your account is for your individual or single-entity use only. You may not share your account access with any other person, or allow multiple individuals to access the Services using a single account, unless your subscription plan explicitly permits multiple users, in which case each authorized user must have their own account. You are responsible for all activity that occurs under your account. Sharing of account access is a violation of these Legal Terms and may result in immediate suspension or termination of your account without refund.

6. SUBSCRIPTIONS, PURCHASES, AND PAYMENT

The Services are offered on a subscription basis. We accept payment through our third-party payment processor, Stripe, which supports major payment cards, including Visa, Mastercard, American Express, and Discover. By subscribing, you authorize us and our payment processor to charge your selected payment method.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and to promptly update your account and payment information (including email address, payment method, and payment card expiration date) so that we can complete your transactions and contact you as needed. Applicable taxes may be added to the price of purchases as required. All payments shall be in US dollars, and we may change prices at any time, subject to applicable law.

Billing and renewal. Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel. The length of your billing cycle depends on the subscription plan you select.

Cancellation. All purchases are non-refundable except as required by applicable law. You can cancel your subscription at any time from your account billing settings, which open our payment processor's secure customer portal. Your cancellation will take effect at the end of the then-current paid term, and you will retain access until that time. If you have any questions or are unsatisfied with the Services, please email us at [email protected].

Fee changes. We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. USAGE LIMITS AND FAIR USE

Your subscription may include limits on usage, such as monthly credits, query or request volumes, export limits, the number of authorized users (seats), and rate limits, which depend on the plan you select. You agree not to exceed, circumvent, or attempt to circumvent these limits, including by using automated means to inflate usage or by sharing access to defeat per-seat limits.

We may monitor usage and may throttle, suspend, or limit access where usage is excessive, abusive, automated in an unauthorized manner, or otherwise inconsistent with normal use for your plan, or where it threatens the stability, integrity, or security of the Services. We may also adjust usage limits from time to time, subject to applicable law.

8. API AND PROGRAMMATIC ACCESS

We may make programmatic access to the Services available through an application programming interface (API) and through Model Context Protocol (MCP) endpoints, using access tokens that you generate within your account. Any automated or programmatic access to the Services must be performed only through these interfaces or other interfaces we expressly authorize, and in accordance with their documented limits. All other automated access — including scraping, crawling, headless browsers, or unauthorized scripts — is strictly prohibited.

You are responsible for keeping your API and MCP tokens confidential and for all activity that occurs under them. We may revoke tokens, impose rate limits, or suspend programmatic access at any time to protect the Services. Any data accessed through the API or MCP remains subject to all restrictions in these Legal Terms, including the prohibitions on export, resale, redistribution, and use to train artificial intelligence or machine learning models.

9. ARTIFICIAL INTELLIGENCE FEATURES

The Services include AI-assisted features, including the Nearsight Agent, that generate responses based on the data available in the platform and the inputs you provide. You agree to use these features only for their intended purpose. You agree not to: use the AI features to extract or compile bulk data, to reverse engineer our data or methodologies, or to circumvent usage limits or access controls; submit inputs that are unlawful, infringing, or harmful; or attempt to manipulate, jailbreak, or otherwise misuse the AI features or their underlying models.

AI-generated output may be inaccurate, incomplete, or out of date. It is provided for informational purposes only, does not constitute professional advice, and must be independently verified before you rely on it. Your use of AI features is also subject to our Privacy Policy and to the "Data Accuracy and Reliance" and "Prohibited Activities" sections of these Legal Terms.

10. USER CONTENT AND FEEDBACK

Your content. The Services allow you to create limited content for your own use, such as private notes on companies, saved collections of emails, advertisements, and videos, custom comparison sets, and conversations with the Nearsight Agent ("User Content"). You retain ownership of your User Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display your User Content solely as necessary to operate and provide the Services to you.

Sharing. Certain features (such as shared collections) allow you to make selected User Content — which may incorporate Nearsight Content — accessible to others through a link, which you may optionally protect with a password. We permit and encourage you to create collections and share them, including publicly and including with people who are not Nearsight subscribers, using the sharing features we provide. Sharing through these features is expressly permitted and does not violate the "Prohibited Activities" section below. When you enable sharing, you are solely responsible for the content you choose to share and for who can access it. Neither you nor any recipient may, however, use shared content to resell or redistribute Nearsight Content for a competing or commercial purpose, to scrape or systematically extract data, or to train any artificial intelligence or machine learning model, as further described below.

Feedback. If you send us any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Feedback"), you agree that we may use and disseminate such Feedback for any lawful purpose, including commercial purposes, without acknowledgment or compensation to you, and you assign to us all intellectual property rights in such Feedback.

Your responsibilities. You are solely responsible for your User Content. You represent and warrant that your User Content does not violate any applicable law or the rights of any third party, and you agree not to create, upload, store, or share content that is illegal, infringing, harassing, hateful, defamatory, obscene, or otherwise objectionable. Although we have no obligation to monitor User Content, we may remove or disable any User Content and suspend or terminate accounts that we reasonably believe violate these Legal Terms.

11. PROHIBITED ACTIVITIES

You may not access or use, or help another person to access or use, the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Access or use the Services in any manner that violates any applicable law or regulation, including any laws about exporting data or software to and from the United States or other countries, or any applicable sanctions or export control regulations.
• Sell, resell, license, sublicense, rent, or lease any data, content, reports, or other information obtained from the Services to any third party, or distribute it other than through sharing or export features we expressly provide for that purpose.
• Export, extract, download, copy, transfer, replicate, or otherwise remove any data, content, reports, statistics, metrics, scores, rankings, or other information obtained from or made available through the Services, in any form or by any means (including manual copying, screenshots, screen recordings, printing, copy-and-paste, scraping, automated extraction, API or MCP requests outside their intended use, browser developer tools, or network inspection), unless we have expressly granted you access to a designated export or sharing function within the Services and you use only that function to perform the export or share. Any export of data outside of an explicitly provided export or sharing function is strictly prohibited, regardless of purpose, and constitutes a material breach of these Legal Terms.
• Use any data or information obtained from the Services to create, improve, train, or develop any database, product, service, software, algorithm, artificial intelligence model, or machine learning model that competes with, or could be used to compete with, our Services.
• Develop any products or services that compete with our Services, or systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services or usage limits.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as account access links or tokens.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system other than through interfaces we expressly authorize, such as using scripts, robots, scrapers, spiders, or other data-gathering or extraction tools.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Attempt to impersonate another user or person, or use the account of another user.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Copy or adapt the Services' software, or, except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Delete the copyright or other proprietary rights notice from any Content, or attempt to bypass any measures of the Services designed to prevent or restrict access to the Services.
• Use the Services as part of any effort to compete with us, or otherwise use the Services or the Content for any revenue-generating endeavor or commercial enterprise not expressly permitted by us.
• Assist, enable, or help any third party to engage in any activity prohibited by these Legal Terms.

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, designs, information, and other content belonging to or originating from third parties ("Third-Party Content"), including the websites, profiles, and marketing materials of the companies we track. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for them.

Inclusion of, linking to, or permitting the use of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Services and access Third-Party Websites, you do so at your own risk, and you should be aware that these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any website to which you navigate from the Services.

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your User Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised that the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

15. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that, pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney. Notifications may be sent to [email protected].

16. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of South Carolina applicable to agreements made and to be entirely performed within the State of South Carolina, without regard to its conflict of law principles.

19. DISPUTE RESOLUTION

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Horry County, South Carolina.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Horry County, South Carolina, and the Parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. DATA ACCURACY AND RELIANCE

THE DATA, STATISTICS, METRICS, SCORES, RANKINGS, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICES (COLLECTIVELY, "DATA") ARE DERIVED FROM VARIOUS THIRD-PARTY SOURCES, PROPRIETARY METHODOLOGIES, AND AUTOMATED COLLECTION PROCESSES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• THE DATA MAY NOT BE 100% ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE, AND MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION DUE TO THE NATURE OF DATA COLLECTION AND AGGREGATION FROM MULTIPLE SOURCES;
• THE DATA IS PROVIDED FOR INFORMATIONAL AND GENERAL REFERENCE PURPOSES ONLY AND SHOULD NOT BE THE SOLE BASIS FOR ANY BUSINESS, INVESTMENT, LEGAL, OR OTHER DECISIONS. YOU SHOULD INDEPENDENTLY VERIFY ANY INFORMATION BEFORE RELYING ON IT;
• WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY, OR AVAILABILITY OF ANY DATA. THE DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND;
• WE ARE NOT RESPONSIBLE FOR ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON THE DATA, AND YOU USE THE DATA ENTIRELY AT YOUR OWN RISK;
• DATA MAY CHANGE WITHOUT NOTICE, AND HISTORICAL DATA MAY BE UPDATED, CORRECTED, OR REMOVED AT ANY TIME;
• THIRD-PARTY DATA SOURCES MAY HAVE THEIR OWN TERMS, LIMITATIONS, AND ACCURACY CONSIDERATIONS THAT ARE BEYOND OUR CONTROL.

You agree to hold us harmless from any claims, damages, or losses arising from your reliance on any Data provided through the Services.

For a detailed, plain-language explanation of how we collect our data, the specific nuances and limitations to be aware of, and how we handle them, please review our Data Disclosure, which is incorporated into these Legal Terms by reference.

22. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES.

23. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

27. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

28. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

29. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: