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4URSPACE INC Terms & Conditions
Last updated March 2019
- Introduction
- Fees and Payment By Subscription Type
- Termination
- Limitations on Use / Prohibited Activities
- Use Web-accelerated browsers or products or other applications that are capable of scraping, downloading or copying content from the Website.
- Publish inaccurate information in the designated fields on the profile form assigned to you;
- Publish or otherwise make available or initiate any content that:
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of 4URSPACE or any user of 4URSPACE;
- Is inappropriate or offensive.
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on 4URSPACE (excluding content you have posted) except as permitted in this Agreement or as expressly authorized by 4URSPACE.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof.
- Utilize or copy information, content or any data you view on or obtain from 4URSPACE to provide any service that is competitive with 4URSPACE.
- Adapt, modify or create derivative works based on 4URSPACE or technology underlying the Services, or other Subscriber's content, in whole or part.
- Rent, lease, loan, trade, sell/re-sell access to 4URSPACE or any information therein, or the equivalent, in whole or part.
- Deep-link to the 4URSPACE website or any 4URSPACE mobile application in an App store for any purpose, (i.e. creating or posting a link to a 4URSPACE web page or 4URSPACE mobile application other than 4URSPACE's home page) unless expressly authorized in writing by 4URSPACE.
- Remove any copyright, trademark or other proprietary rights notices contained in or on 4URSPACE.
- Remove, cover or otherwise obscure any form of advertisement included on 4URSPACE.
- Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from 4URSPACE except as expressly permitted in this Agreement or as the owner of such information may expressly permit.
- Infringe or use 4URSPACE's brand, logos or trademarks, including, without limitation, using the word "4URSPACE" in any business name, email (except for reference purposes), or URL.
- Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website.
- Use bots or other automated methods to access 4URSPACE, add or download contacts, send or redirect messages, or perform other similar activities through 4URSPACE, unless explicitly permitted by 4URSPACE.
- Access, via automated or manual means or processes, 4URSPACE for purposes of monitoring 4URSPACE's availability, performance or functionality for any competitive purpose.
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of 4URSPACE's website or mobile application.
- Attempt to or actually access 4URSPACE by any means other than through the interfaces provided by 4URSPACE such as its mobile application included in any App store or by navigating to http://www.4urspace.com using a web browser. This prohibition includes accessing or attempting to access 4URSPACE using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including 4URSPACE.
- Attempt to or actually override any security component included in or underlying 4URSPACE.
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on 4URSPACE's infrastructure, including, but not limited to, sending unsolicited communications to other Subscribers or 4URSPACE personnel, attempting to gain unauthorized access to 4URSPACE, or transmitting or activating computer viruses through or on 4URSPACE.
- Use our Services to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
- Cautions Regarding Other Subscribers and Subscriber Content; No Endorsement
- Accuracy and Availability of Information
- Grant of Rights and Representations by You
- Reviews and Comments
- Storage and Transmission of Data
- Removal of Subscriber Content
- Access and Passwords
- Intellectual Property Generally
- Copyright and Restrictions
- Notice And Procedure For Making Claims Of Copyright Infringement
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Links To Third Party Web Websites
- No Warranties
- Limitation Of Liability
- Indemnification
- Consent to Electronic Notices and Other Communications
- International Use of Content
- Additional Conditions And Modifications To Conditions
- Termination
- Governing Law And Jurisdiction
- General
Welcome to 4URSPACE website including any 4URSPACE mobile applications (together the "Website"), a location-based retail project database and project management tool providing valuable information with respect to the management, communication and storage of commercial real estate construction projects (the "Services") which are available to you (a "Subscriber") through the Website.
BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS OF USE AGREEMENT OF ANY PARTICULAR THIRD PARTY APP STORE. IF YOU DO NOT AGREE, 4URSPACE IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE WEBSITE AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
By registering on our Website, you agree to abide by the terms and conditions of use for the Services (the "Agreement"). In order to use the Services, you automatically agree to the terms and conditions set forth in this Agreement. Your continued use of the Website represents your agreement and acknowledgment and is the legal equivalent of your signature on a written contract, and legally binding. Only by registering will you be able to access and use the Services available on the Website.
Free Subscription: When you first register, you will have use of certain functions of the Website, free of charge. We reserve the right at any time to charge fees for access to portions of the Website services. However, in no event will you be charged for access to the services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. Cancellations can be made any time by contacting Customer Support at contactus@4urspace.com. All fees including changes to current free sections, will be posted prominently on the Website. We may at any time suspend free sections of the Website or add additional beta sections at no charge.
Premium Month to Month Subscription: Service begins as soon as your initial payment is processed. You will be charged the rate stated at the time of purchase, every month, until you cancel. Because there is no annual contract, your rate is subject to change, but we will always notify you beforehand. Your payment is non-refundable and your service will continue until the end of that months billing period. Cancellations can be made any time prior to the beginning of the next months service period by contacting Customer Support at contactus@4urspace.com. If you don't pay for your Month to Month Subscription on time, we reserve the right to suspend it.
Premium Annual Prepaid Subscription: Service begins as soon as your payment is processed. You will be charged the annual rate stated at the time of purchase as one lump sum. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but we will always notify you beforehand. Should you cancel, your payment is non-refundable and your service will continue until the end of your contracted term. Cancellations can be made any time by contacting Customer Support at contactus@4urspace.com.
Project Management Fees: These fees enable you to manage all of your projects, access files, pictures and schedules, create tasks and communicate with members.A single project free option is available. Service begins for the unlimited projects options as soon as your credit card is entered with the first month at no charge. Thereafter you will be charged the rate stated at the time of purchase, every month, until you cancel. Because there is no annual contract, your rate is subject to change, but we will always notify you beforehand. Your payment is non-refundable and your service will continue until the end of that months billing period. Cancellations can be made any time prior to the beginning of the next months service period by contacting Customer Support at contactus@4urspace.com. If you don't pay for your Project Management Fees Subscription on time, we reserve the right to suspend it.
Payment of Subscription Services by Credit or Debit Card. At this time, we will only accept payment for Subscription services by major Credit or Debit Card. For your convenience, your credit or debit card information will be saved after your first purchase. We will apply that method of payment to all future purchases, unless you notify us via email to Customer Support. We accept the following credit cards at this time: VISA, MasterCard and American Express. To maintain uninterrupted services, please update your credit or debit card to reflect your current account information. Please note that by continuing to use the services, you authorize us to bill the payment method on file, including after its expiration date, until we are notified by you or your bank or financial institution that the account is no longer valid. In the event the Credit Card has expired and you continue to receive service, you agree to provide us updated Credit Card information for the period through expiration to the most current service period date. Please note that we utilize a third-party vendor www.chargify.com for Credit and Debit Card processing. Chargify maintains industry standard security practices, is audited annually and maintains the highest level of PCI Compliance and fulfills our goal of ensuring your card information is adequately protected.
You may discontinue your account with us at any time. We reserve the right to modify, suspend or terminate access to the Services on our Website at any time for any violation of our terms and conditions, without notice or refund, and to delete all program and data files associated with your account and/or other information you have on our system. We also reserve the right to require you to change your login identification code or password.
The following activities are PROHIBITED. You agree not to:
You understand and agree that Subscriber Content includes information, ratings and comments, views, opinions, and recommendations of many individuals and organizations and are designed to help you gather the information you need to help you make your own decisions. Subscriber Content also includes documents and communications used as part of our Project Management tool set. Most importantly, you are responsible for your own business decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation, opinion, or Service of any Subscriber or advertiser on the Website. We do not routinely screen, edit, or review Subscriber Content. However, we reserve the right to monitor or remove any Subscriber Content from the Services at any time without notice. You should be aware that other Subscribers may not be who they purport to be. We take no action to perform a background check on any of our Subscribers' profiles. We do not guarantee that Subscribers' profiles are accurate. Subscriber Content may be misleading, deceptive, or in error.
The Website contains database information and other content compiled by 4URSPACE. While we use commercially reasonable efforts to provide the most current and accurate information, 4URSPACE provides no warranty as to the frequency and accuracy of the information contained in the database including other content on its Website. 4URSPACE reserves the right to withdraw or delete information or content from the Website at any time.
If you upload, post, communicate, transmit or submit any Subscriber Content on the Website, you represent to us that you have all the necessary moral and legal rights to upload, communicate, transmit, post or submit such Subscriber Content and that it will not violate any law or the rights of any person. You agree that upon uploading, posting, communicating, transmitting or submitting information on the Website, you grant us and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, translate and create derivative works from your publicly available Subscriber Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of Subscriber Content, or any portion thereof, by Subscribers and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your Subscriber Content specifically on the Website and to allow other Subscribers or users to request access to your Subscriber Content. This specifically excludes any rights to non-publicly available Subscriber Content that is used in our Project Management tools including the My Projects folder and that is stored on our servers.
Visitors may post Subscriber Content including reviews and comments, photos, and other content, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. 4URSPACE reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material publicly, you grant 4URSPACE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant 4URSPACE and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 4URSPACE for all claims resulting from content you supply. 4URSPACE has the right but not the obligation to monitor and edit or remove any activity or publicly available content including the deleting of your postings and account. 4URSPACE takes no responsibility and assumes no liability for any content posted by you or any third party. 4URSPACE does not warranty the quality of work performed by any vendor listed on the Website. Any vendor that believes a rating or associated comment is either inappropriate or offensive then please contact us at legal@4urspace.com for further review.
4URSPACE Subscribers and Users have the ability to bid on projects using a Request for Proposal (RFP) feature or the 4URSPACE Project Management tool set. These features enable the Subscriber or User to add content including files of various types to the RFP including providing the ability to forward the RFP to other Subscribers and Users and in the case of usage of the Project Management tools to add content, communicate with other Subscribers and to store documents.
4URSPACE will continue to implement appropriate technical and organizational measures that at a minimum will conform to industry standards to protect Subscriber data both in the transmission and the storage process against accidental or unlawful destruction or accidental loss or alteration, or unauthorized disclosure or access, or other unauthorized processing. The Subscriber agrees that it is solely responsible for its use of the Services, including securing their account credentials.
4URSPACE will take appropriate steps to ensure compliance with various security measures by its employees and contractors to the extent applicable to their scope of performance.
If 4URSPACE becomes aware of a data incident, 4URSPACE will promptly notify the Subscriber of the data incident, and take reasonable steps to minimize harm and secure Subscriber data.
Notification(s) of any data incident(s) will be delivered to the email address provided by Subscriber or, at 4URSPACEs discretion, by direct Subscriber communication (e.g., by phone call). Subscriber agrees that "data incidents" do not include: (i) unsuccessful access attempts or similar events that do not compromise the security or privacy of Subscriber data, including pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems; or (ii) accidental loss or disclosure of Subscriber data caused by Subscribers use of the Services or Subscribers loss of account authentication credentials
At our discretion, we may remove any Subscriber Content without notice to you. This includes materials related to your use of the Website, including postings, profiles or other personalized information you or others may have created while on the Website. Although we do not generally pre-screen, monitor or edit the content posted or communicated by subscribers of the Services or the Website including any message boards or messaging services, newsgroups, or other interactive services available on the Website or through the Services, such as the Project Management communication tools 4URSPACE and its agents have the right at their sole discretion to remove any content that, in its sole judgment, does not comply with our usage rules or is otherwise harmful, objectionable or inaccurate. 4URSPACE shall not be responsible for any failure or delay in removing such content.
As part of the subscription process for this Website, you have selected or been assigned a particular unique username and password in accordance with 4URSPACE username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE WEBSITE INCLUDING MOBILE APPLICATION USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE WEBSITE OR MOBILE APPLICATION USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Website using your username and password, at or through the Website including any mobile device will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Website and any services available on it by you or others using your username or password.
Accordingly, you agree not to give your username and password or mobile device or any other means for individuals other than yourself to gain access to your account and the Services to any other users. If other users are using your account, we reserve the right to suspend your account and issue a new confidential username and password. If this type of unauthorized use occurs repeatedly, as may be consistent with your giving your user name and password to others for the purpose of allowing them to access the Website or Services without payment, then we reserve the right to demand payment from you to cover such additional use in addition to exercising our right to terminate your account without any refund.
You are not permitted to tell others your password or let your account be used by anyone except yourself. Do should not attempt to log in more than once simultaneously on any given account except for the simultaneous log in of a web browser and a mobile device.
Content including logos and images placed on the Website by you may often be subject to confidentiality agreements, copyright, trademark and other intellectual property restrictions. You acknowledge you have permission to upload this content and you understand that the content (except for private Project Management communications and documents including those in the My Projects folder) will be available for use by 4URSPACE and its Subscribers for commercial benefit. You further acknowledge and agree that the publicly available text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel, advertising and all other protectable intellectual property (the "Content" or "Subscriber Content") available through the Services (not including your logo or branding) is the property of 4URSPACE and/or its third- party licensors, is protected by copyright and other intellectual property laws, and is subject to various terms and conditions as set forth below.
This Website contains proprietary material of 4URSPACE (or material that other suppliers have licensed to 4URSPACE for their use) which is protected by copyright and other laws respecting proprietary rights. 4URSPACE retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use 4URSPACE except as expressly permitted under this Agreement and under U.S. and International copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited. End users who are duly authorized may Access 4URSPACE for individual use, i.e., may view the information on screen; may download insignificant portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only. The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from 4URSPACE. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. or International copyright law. You acknowledge that the information (and the licensed materials contained therein) is proprietary in nature and that unauthorized copying, transfer or use may cause 4URSPACE and/or 4URSPACE's suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by 4URSPACE, and/or any of 4URSPACE's suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement. You may not, and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Website in any manner whatsoever that may infringe any copyright or proprietary interest of 4URSPACE; distribute the information contained in and/on this Website to other users not duly authorized to Access the Website; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Website or information contained in or on this Website or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law in the jurisdiction in which it takes place. You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple website arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web websites or any other server that is Internet-enabled, without written authorization by 4URSPACE. If you breach any provision of this Agreement, 4URSPACE may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies.
Please send the foregoing notice via email to:
4URSPACE, INC
ATTN: legal@4urspace.com
Links to External Websites: We may provide hyperlinks to other websites and Internet resources operated by parties other than 4URSPACE. We have no control over such websites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such websites does not imply any sponsorship, affiliation or endorsement of the material on such websites or with their operators.
Third-Party Dealings: Some portions of the Website may direct you to a website of a third party. Your dealings or communications through the Website with any party other than us are solely between you and that third party. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
References in the Website to products, service providers, and potential sources of additional information do not mean that we can assure such products or services or the information or recommendations to those sources. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY 4URSPACE, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS 4URSPACE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITE.
The website including any mobile applications are provided on an "AS IS", "AS AVAILABLE" basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT).
4URSPACE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED, COMPATIBLE INCLUDING BACKWARDS COMPATIBLE WITH EVERY BROWSER; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. 4URSPACE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. 4URSPACE DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND 4URSPACE SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
IN NO EVENT WILL 4URSPACE, NOR ANY INFORMATION PROVIDER, NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS (THE "EXCLUDED PARTIES") BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL 4URSPACE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF ANY SUBSCRIPTION FEES YOU HAVE PAID FOR USE OF THE WEBSITE IN THE MOST RECENT 12 MONTH PERIOD. YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE MATERIALS. You understand and agree that your use of the Services is at your sole risk.
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR COUNTRY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
You agree to defend, indemnify and hold 4URSPACE harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of these Conditions.
You will cooperate as fully required by 4URSPACE in the defense of any claim. Notwithstanding the foregoing, 4URSPACE retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. 4URSPACE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized Officer of 4URSPACE INC.
This Agreement contains the final and entire agreement between you as a Subscriber and User and us as 4URSPACE regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you 4URSPACE or its affiliates as a result of this Agreement or your use of the Website.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND TO THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
YOU ACKNOWLEDGE AND CONFIRM THAT (A) YOU HAVE READ AND UNDERSTAND ALL OF THE ABOVE AGREEMENT, TERMS, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS, (B) THAT THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT, AND (C) THAT YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
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