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Terms of Use

Last updated: 07/30/2024


Introduction
Welcome to our website (the "Service"). The Service is operated by PALISI Network (the "Company"). By accessing or using the Service, you agree to be bound by these Terms of Use. These Terms of Use affect your legal rights and obligations, so please read them carefully. If you do not agree to be bound by these Terms of Use, do not access or use the Service.


Eligibility
To access or use the Service, you must be at least 13 years old or the age of legal majority in your jurisdiction, whichever is higher. If you are under 18 years old, you must have the consent of your parent or legal guardian to use the Service. You must also have the legal capacity to enter into a binding contract with us and not be barred from using the Service under any applicable law. You are responsible for ensuring that your use of the Service complies with all laws, rules and regulations applicable to you.


License
Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use only. You may not use the Service for any other purpose, or in any manner that is prohibited by these Terms of Use or by applicable law. You may not copy, modify, distribute, sell, lease, rent, sublicense, or create derivative works of any part of the Service, or reverse engineer, decompile, or disassemble the Service, or attempt to do any of the foregoing, without our prior written consent. You may not use the Service to violate any third party rights, or to engage in any illegal, fraudulent, abusive, or harmful activity. You may not interfere with or disrupt the operation of the Service, or attempt to gain unauthorized access to the Service or any related systems or networks. You may not use any robot, spider, crawler, scraper, or other automated means to access or use the Service without our prior written consent. You may not use the Service in any way that infringes or misappropriates our intellectual property rights or the intellectual property rights of any third party. You may not use the Service to transmit any content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, abusive, hateful, or otherwise objectionable. You may not use the Service to transmit any content that contains any viruses, worms, trojan horses, or other malicious or harmful code. You may not use the Service to transmit any content that violates the privacy, publicity, or other rights of any person or entity. You may not use the Service to send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or other form of solicitation. You may not use the Service to impersonate any person or entity, or to misrepresent your affiliation with any person or entity. You may not use the Service to engage in any conduct that is detrimental to us, our affiliates, our partners, our suppliers, our licensors, or our users. We reserve the right to terminate or suspend your access to or use of the Service, or any part thereof, at any time, with or without notice, for any reason or no reason, at our sole discretion. We also reserve the right to modify, discontinue, or restrict the availability or functionality of the Service, or any part thereof, at any time, with or without notice, for any reason or no reason, at our sole discretion. We are not liable to you or any third party for any termination, suspension, modification, discontinuation, or restriction of the Service, or any part thereof.

 

Account
To access or use some features of the Service, you may need to create an account with us. You are responsible for maintaining the confidentiality and security of your account and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security. You also agree to provide us with accurate, complete, and current information when you create or update your account. You may not create or use an account for anyone other than yourself, or use another person's account without their permission. You may not create or use more than one account, or create or use an account with a false or misleading identity or information. We reserve the right to terminate or suspend your account, or any part thereof, at any time, with or without notice, for any reason or no reason, at our sole discretion. We also reserve the right to refuse to provide the Service, or any part thereof, to anyone, for any reason or no reason, at our sole discretion.

 

Content
The Service may allow you to upload, post, submit, share, or otherwise make available content, such as text, images, videos, audio, or other materials (collectively, "User Content"). You retain all rights and ownership of your User Content. However, by uploading, posting, submitting, sharing, or otherwise making available User Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content, in whole or in part, in any media formats and through any media channels, for the purposes of operating, providing, improving, and promoting the Service, and for any other purposes that we may deem appropriate, in our sole discretion. You also grant us the right to use your name, username, likeness, voice, or any other identifying information that you provide in connection with your User Content, if we choose to do so, at our sole discretion. You represent and warrant that you have all the rights and authority to grant us the license to your User Content, and that your User Content does not violate any third party rights, or any applicable law. You also represent and warrant that your User Content is accurate, complete, and not misleading. You are solely responsible for your User Content, and for any consequences that may arise from your User Content. We do not endorse, support, represent, or guarantee the truthfulness, accuracy, completeness, or reliability of any User Content, or any opinions, views, or statements expressed therein. We do not monitor, review, edit, or control any User Content, and we are not responsible or liable for any User Content, or for any loss or damage that may result from your User Content. However, we reserve the right to remove, delete, block, or modify any User Content, at any time, with or without notice, for any reason or no reason, at our sole discretion. We also reserve the right to disclose any User Content, and the identity of the user who provided it, to any third party, if we believe that such disclosure is necessary or appropriate to comply with any law, regulation, legal process, or governmental request, or to protect our rights, property, or safety, or the rights, property, or safety of any third party, or to prevent or address any fraud, security, or technical issues, or to enforce these Terms of Use, or any other policies or agreements that we may have with you.

 

Feedback
We welcome and appreciate your feedback, comments, suggestions, or other information regarding the Service (collectively, "Feedback"). By providing us with Feedback, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Feedback, in whole or in part, in any media formats and through any media channels, for any purposes that we may deem appropriate, in our sole discretion. You also waive any and all moral rights or other rights that you may have in your Feedback. You acknowledge and agree that we are not obligated to use, implement, or respond to your Feedback, or to pay you any compensation or attribution for your Feedback. You represent and warrant that you have all the rights and authority to grant us the license to your Feedback, and that your Feedback does not violate any third party rights, or any applicable law.

 

Third Party Content and Services
The Service may contain or provide access to content, services, products, or other materials that are owned, controlled, or operated by third parties (collectively, "Third Party Content and Services"). We do not endorse, support, represent, or guarantee the truthfulness, accuracy, completeness, or reliability of any Third Party Content and Services, or any opinions, views, or statements expressed therein. We do not monitor, review, edit, or control any Third Party Content and Services, and we are not responsible or liable for any Third Party Content and Services, or for any loss or damage that may result from your use of or reliance on any Third Party Content and Services. Your access to and use of any Third Party Content and Services is solely at your own risk and discretion, and subject to the terms and conditions of the third parties that provide them. You should review the terms and conditions and privacy policies of any third parties before using their Third Party Content and Services. You may not use any Third Party Content and Services in any way that infringes or misappropriates the intellectual property rights or the privacy, publicity, or other rights of any third party, or that violates any applicable law. You may not use any Third Party Content and Services to transmit any content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, abusive, hateful, or otherwise objectionable. You may not use any Third Party Content and Services to transmit any content that contains any viruses, worms, trojan horses, or other malicious or harmful code. You may not use any Third Party Content and Services to transmit any content that violates the rights, or harms or threatens the safety, of any person or entity. You may not use any Third Party Content and Services to send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or other form of solicitation. You may not use any Third Party Content and Services to impersonate any person or entity, or to misrepresent your affiliation with any person or entity. You may not use any Third Party Content and Services to engage in any conduct that is detrimental to us, our affiliates, our partners, our suppliers, our licensors, or our users.

 

Privacy
We respect your privacy and are committed to protecting it. Please review our Privacy Policy, which explains how we collect, use, disclose, and protect your personal information. By accessing or using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use by reference.

 

Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE AND ANY THIRD PARTY CONTENT AND SERVICES, AND YOUR ACCESS TO AND USE OF THE SERVICE AND ANY THIRD PARTY CONTENT AND SERVICES IS AT YOUR OWN RISK AND DISCRETION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY INFORMATION, CONTENT, OR MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR FOR ANY RESULTS OR OUTCOMES THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD PARTY CONTENT AND SERVICES, OR FOR ANY PRODUCTS, SERVICES, OR WEBSITES THAT ARE ADVERTISED, PROMOTED, OFFERED, OR LINKED ON OR THROUGH THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR THE CONDUCT, ACTIONS, OR OMISSIONS OF ANY USERS OR THIRD PARTIES ON OR IN CONNECTION WITH THE SERVICE, OR FOR ANY LOSS OR DAMAGE THAT MAY RESULT FROM THEIR CONDUCT, ACTIONS, OR OMISSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.


Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND CONTRACTORS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS OF USE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS OF USE EXCEED THE AMOUNT PAID BY YOU TO US FOR ACCESSING OR USING THE SERVICE IN THE TWELVE MONTHS PRECEDING THE DATE OF THE CLAIM, OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

 

Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, partners, suppliers, and licensors, and our and their respective officers, directors, employees, agents, representatives, and contractors, from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys' fees and legal costs, arising out of or in connection with your access to or use of the Service, your User Content, your Feedback, your violation of these Terms of Use, your violation of any third party rights, or your violation of any applicable law. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, and you agree to cooperate with our defense of such claims. You agree not to settle any claim without our prior written consent.

 

Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in the State of Delaware, and waive any jurisdictional, venue, or inconvenient forum objections to such courts, in any legal action or proceeding arising out of or related to these Terms of Use or the Service.

 

Arbitration and Class Action Waiver
You agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Service, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes") shall be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Arbitration and Class Action Waiver" section will be deemed void. Except as provided in the preceding sentence, this "Arbitration and Class Action Waiver" section will survive any termination of these Terms of Use.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Arbitration and Class Action Waiver" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and we otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitr

 

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