This user agreement (this “Agreement”) sets forth the legally binding terms and conditions for your access to use of the website and mobile site with domain name ‘hefty.art’ (hereinafter referred to as “Website”), and any other associated products, software or services (the “Services”) offered by Hefty Art Inc., a company incorporated laws of the state of New Jersey, USA and having registered address at registered office address at 7209, Lancaster Pike Suite 4-1086, Hockessin, DE 19707 (“Hefty”, “us”, “our”, and “we”). The “User”, “you”, “your” shall refer to any natural person or entity and its authorized users that subscribes or uses our Services.
We may amend this Agreement related to the Services from time to time. Amendments will be effective upon our posting of such updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Agreement, as amended.
We may amend this Agreement related to the Services from time to time. Amendments will be effective upon our posting of such updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Agreement, as amended.
You agree that we may disclose your personal and account information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request.
You hereby acknowledge and agree that we are not a financial institution, bank, credit union, trust, hedge fund, broker or investment or financial advisor, and are not subject to the same laws, regulations, directives or requirements applicable to such persons. You acknowledge and agree that no oral or written information or advice provided by us, our officers, directors, employees, or agents, nor any information obtained through the services, will or shall constitute investment or financial advice. You are solely and exclusively responsible for all trading decisions made by you while using the Services.
This Agreement is an electronic record in the form of an electronic contract formed under the applicable laws and the rules made thereunder and the amended provisions pertaining to electronic documents / records. This Agreement does not require any physical, electronic or digital signature.
You should read these terms set out under this Agreement because they contain our legal commitments to you and a number of DOs and DON'Ts which you need to be aware of when you use our Services. Please read these terms carefully to make sure you understand them. By using our Services, you agree to accept and be legally bound by these terms. If you do not agree with this Agreement, you should not access or use our Services.
2.1 Account Creation. In order to use certain features of the Services, you may register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services is and shall be in accordance with applicable law. You may delete your Account at any time, for any reason, by following the instructions on the Website. We may suspend or terminate your Account in accordance with Section 10.
2.2 Identity Verification. You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services and your access to the Services may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to update this information and keep it current at all times. You authorize us to make the inquiries, whether directly or through third parties, that we consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action we reasonably deem necessary based on the results of such inquiries.
2.3 Certain Restrictions. By using the Services, you represent and warrant that: (i) neither you nor any of your directors, officers, employees, agents, affiliates or representatives is an individual or an entity that is, or is owned or controlled by an individual or entity that is (a) currently the subject of any Sanctions, or (b) located, organized or resident in a Designated Jurisdiction; (ii) you have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption and anti-money laundering; and (iii) you have instituted and maintained policies and procedures designed to promote and achieve compliance with such laws. For the purpose of this Agreement, “Designated Jurisdiction” means any country or territory to the extent that such country or territory itself is the subject of any Sanction; “Sanction(s)” means any international economic sanction administered or enforced by the United States Government (including OFAC), the United Nations Security Council, the European Union or other relevant sanctions authority.
2.4 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account including all consequences under applicable laws. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.6 Available Only Where Permitted by Law. The Services are only available in jurisdictions where they may be legally offered for sale. By accessing or using the Services, you represent and warrant that you are not a person who is barred from accessing the Services as provided on the Services.
3. ACCESS TO THE SERVICES
3.1 License. Subject to this Agreement, Hefty grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal use, in accordance with the Account type you are currently subscribing to.
3.2 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
3.3 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
3.4 Ownership. You acknowledge that all the intellectual property rights, including but not limited to the copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Hefty or Hefty’s subsidiaries, affiliates or authorized third-parties. Neither this Agreement (nor your access to the Services) transfers to you or any unauthorized third party any rights, title or interest in or to such intellectual property rights.. We and our subsidiaries, affiliates or authorized third-parties reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.
3.5 Attacks On Site. We cannot prevent or mitigate attacks on blockchain networks and have no obligation to engage in activity in relation to such attacks. In the event of an attack, we reserve the right to take commercially reasonable actions, including, but not limited to, if we confirm that a Service is compromised or under attack, immediately halting trading, deposits, and withdrawals for such Service. Resolutions concerning deposits, withdrawals and balances for User that has had its network attacked will be determined on a case-by-case basis by us in our sole discretion. We have no representation and do not warrant the safety on the Services. and you assume all liability for any lost value or stolen property.
4. PROHIBITED ACTIVITIES
4.1 Prohibited Activities. In connection with your use of the Services, you hereby agree that you will not:
(a) violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
(b) intentionally try to defraud (or assist in the defrauding of) Hefty or any other User(s);
(c) provide false, inaccurate, or misleading information ;
(d) trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
(e) take any action that interferes with, intercepts, or expropriates any system, data, or information;
(f) partake in any transaction involving the proceeds of illegal activity;
(g) attempt to gain unauthorized access to other Hefty accounts, the Services, or any related networks or systems;
(h) use the Services on behalf of any third party or otherwise act as an intermediary between Hefty and any third parties;
(i) use the Services to engage in conduct that is detrimental to Hefty or to any other User or any other third party;
(j) collect any user information from other Users, including, without limitation, email addresses, etc.;
(k) defame, harass, or violate the privacy or intellectual property rights of Hefty and its subsidiaries, affiliates or authorized third-parties including but not limited to artists and curators or any other User; or
(l) upload, display or transmit any messages, photos, videos, or other media that contain illegal goods, pornographic, violent, obscene, or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.
(m) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (iii) attempt to reverse engineer, de-compile, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law; or (iv) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services.
5. THIRD-PARTY PRODUCTS AND SERVICES; OTHER USERS
5.1 Third-Party Services. You acknowledge that the Service will enable or assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively referred to as “Third-Party Services”). Such Third-Party Services are not under the control of Hefty, Hefty does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. You use all Third-Party Services at your own risk and should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with Hefty. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation.
5.2 Other Users and Third-Parties. We do not guarantee the identity of any User or other third parties or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. Your interactions with other Users or third parties are solely between you and such Users and third-parties. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions/ transactions. If there is a dispute between you and any User or third parties, we are under no obligation to become involved.
5.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Users or any Third- Party Products and Services).
6. THIRD -PARTY WALLETS
6.1 Sharing User Information. In the course of processing transactions, we may be required to share your user information with other contractual third parties, or as required under applicable laws or demanded upon a lawful request by any governmental authority. You hereby irrevocably grant full permission and authority for us to share this information with such contractual third parties, or as required under applicable laws or demanded upon a lawful request by any governmental authority, and release Hefty from any liability, error, mistake, or negligence related thereto.
6.2 Trade Corrections. You acknowledge and agree that we may correct, reverse or cancel, in its sole discretion, any order, trade, transfer, or other transaction or activity with respect to which we have discovered that there was an error or abnormality, whether such error or abnormality was caused by you, us or a third party or due to technical issues, system issues, software failure or otherwise. We provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for such error(s) or correction of such error(s).
7. OUR PROPRIETARY RIGHTS
7.1 This is an agreement for access to our Services, and save and except as provided herein, you are not granted any right, title, interest or license to any software or other intellectual property rights under this Agreement. Our Services are based upon our proprietary technology, intellectual property and confidential information and includes our content. Our Services are protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. Our Services, including all intellectual property rights therein, belongs to us or our licensors and is our or our licensors’ property. We own or are deemed to own and retain all rights including, without limitations, copyrights in our content. Our content shall not in any manner be copied, reproduced, modified, published, displayed, uploaded, posted, transmitted, performed, or distributed in any way by you, and you agree not to modify, rent, lease, time-share, loan, sell, distribute, transmit, broadcast, or create derivative works based on our content or our products and/or Services, in whole or in part, by any means, except as expressly authorized in writing by us.
7.2 The search results derived by use of our products and/or Services may contain data, information or content that is not ours, and you shall not use such data, information or content unless it has obtained permission from the owner of such content or are otherwise permitted by law.
7.3 Our names, logos, brands and other marks used by us from time to time are our trademarks and property. The appearance, layout, color scheme, and design of our website, app, software, services and products are protected trade dress. Save and except as provided herein, you do not receive any right or license to use the foregoing.
7.4 We may use and incorporate into our products and/or Services any suggestions or other feedback relating to our products and/or Services provided by you, without any payment or condition.
7.5 We may add features to and/or modify any of our products and/or Services from time to time, in order to improve our products and/or services and the user experience. Nothing in this Agreement shall prohibit us from making such changes to our products and/or Services. We reserve the right to provide some or all elements of our products and/or Services through use of third-party resources.
8. REPRESENTATIONS, WARRANTIES AND COVENANTS
8.1 You represent, warrant and covenant that: (a) you have the power and authority to enter into this Agreement; (b) you , being a natural person, is at least eighteen (18) years of age; (c) you will only access and use our products and/or Services in accordance with the terms of this Agreement; and (d) you will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances regarding its business, the creation, use and maintenance, as applicable, of our products and/or Services, the user data and other data, including without limitation applicable data protection laws and export control laws, and otherwise as related to this Agreement and you performance hereunder.
8.2 Your access to our products and Services is conditioned upon your representations and warranties that he/she/it will not:
(a) Undertake or abet in any criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets or other intellectual property rights;
(b) Use our products and/or Services in violation of the terms of this Agreement or any laws;
(c) Copy, modify, create a derivative work from, reverse engineer or reverse assemble our products and/or Services and/or software thereto, or otherwise attempt to discover any source code/algorithm or allow any third party to do so;
(d) Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, Our content or our Services in any way;
(e) Use or launch any automated system, including without limitation, ‘robots’, ‘spiders’, or ‘offline readers’ that accesses our products and/or services in a manner that sends more request messages to our servers/systems in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web/mobile browser/applications;
(f) Use our products and/or Services in any manner that damages, disables, overburdens, or impairs any our servers, systems, website, or app or interferes with any other party’s use and enjoyment of our Services;
(g) Attempt to gain unauthorized access to our products and/or Services or our servers, systems, platform, website, or application;
(h) Access our products and/or Services by any means other than through the interface that is provided by us for using or accessing our products.
8.3 You agree that when using our Services, you will not:
(a) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, libelous, invasive of another’s privacy, racially, religiously or ethnically objectionable indecent or unlawful topic, name, material or information.
(b) Publish, post, upload, distribute or disseminate any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless User has all necessary rights and consents to do so.
(c) Publish, promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
(d) Sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, tobacco products and any other products or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold by you, could cause us to violate any law, statute or regulation.
(e) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(f) Upload file or content that contains viruses, or any other computer codes, worms, corrupted files, or any other similar software or programs that may damage or interrupt the operation of computer systems.
(g) Harm minors in any way.
(h) Impersonate any person or entity, or falsely state or otherwise misrepresent.
(i) Advertise or offer to sell or buy any goods or services for any business purpose.
(j) Upload content that includes phishing (identity theft), pharming, distribution of virus or malware, fast flux techniques, running botnet command and control, network attacks, money laundering schemes (ponzi, money mule, etc.).
(k) Conduct or forward pyramid schemes or chain letters.
(l) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the material contained in a file that is uploaded.
(m) Use our products and/or services in any manner that could damage, disable, overburden, or impair our products and/or services or servers or restrict or inhibit any other users from using and enjoying our products and/or services.
(n) Violate any code of conduct or other guidelines which may be applicable for any of our products and/or services.
(o) Harvest or otherwise collect information about others, including e-mail addresses or contact details, without their consent.
(p) Do anything which is in our sole discretion illegal, unlawful, or otherwise inappropriate.
We reserve the right to immediately terminate your access to any or all of our Services for violations of these provisions.
8.4 We reserve the right to prohibit the use of any of our products and/or Services in connection with any specially designated nationals (SDNs) as listed by the governmental authorities or any country designated by authorities such as Office of Foreign Assets Control (OFAC) or such other authority as having limited or comprehensive trade sanctions imposed for reasons of anti-terrorism, non- proliferation, narcotics trafficking, or other reasons by the governmental authorities of countries in which we have operations or presence. Access to our products and Services may not be legal by certain persons or in certain states or countries or jurisdictions and if you/the User use or access our products and/or Services from such state or country or jurisdiction, you do so at your/its own risk and are responsible for compliance with the applicable laws . If you violate the guidelines listed above or any other guidelines posted on our products, services, applications or websites or the terms of this Agreement, or if we believe that any conduct or content of yours is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for us or third parties or breaches the terms of this Agreement, then we reserve the right (but are not obligated) to investigate and take appropriate legal action in our sole discretion, including removing such content/user from our products, services, applications or websites, notifying the appropriate authorities regarding the details of such content/user, barring violators from accessing our products, services, applications or websites, and terminating the accounts of such violators.
9. FEES AND PAYMENT TERMS
9.1 You agree to pay the gas fees as may be applicable for transactions you make partake in while using our Services. You authorize Hefty to remove any amounts from your account for any applicable fees owed by you under this Agreement.
9.2 We reserve the right to change any fees (which includes but is not limited to, increasing the prices on existing or new products and services and charging a fee for upgrades and/or for a service for which we do not currently charge a fee) at any time and from time to time. If you find any such change to the pricing of any service or product to be unacceptable, you are free to cancel or discontinue use of such service and/or product and also terminate this Agreement at any time, but we will not be obligated to refund any portion of pre-paid fees paid by you.
9.3 Payment of any and all applicable taxes is your sole responsibility, irrespective of whether they are international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement or your use of our products and/or Services.
9.4 All fees associated with your use and access of our Services and/or products shall be paid in the currency referenced on our Website at checkout.
9.5 All payments and payment commitments by you are non-refutable and non- refundable.
9.6 In connection with your use of our products and/or Services, you may be subject to charges imposed by your broadband, wireless or other applicable carrier/internet service providers and payment of such charges is solely your responsibility.
10. SUSPENSION, TERMINATION, AND CANCELLATION.
10.1 This Agreement shall remain in full force and effect while you use our products and/or Services.
10.2 You may terminate your use or participation at any time, for any reason, by ceasing to use our products and/or Services and notifying us. The termination as against you shall not be effective till the time you have complied with all your obligations pursuant to this Agreement.
10.3 We have the right to immediately terminate this Agreement or suspend your access to our products and/or Services for any reason or no reason.
10.4 We reserve the right, from time to time, to suspend or discontinue any products and Services, in whole or in part, with or without notice. You agree that we will not be liable to you or to any third party for any discontinuance or suspension of such products and services, in whole or in part.
10.5 If your use of our products and/or Services: (a) is being subjected to ‘denial of service’ attacks or other activity that is causing immediate, material and ongoing harm to us or others; or (ii) is being used to engage in ‘denial of service’ attacks, spamming, or illegal activity; or (iii) is causing immediate, material and ongoing harm to us or others, then we may suspend all or any access to our products and/or Services.
10.6 We are not and shall not be liable to you or to any third party for any suspension or termination of our products and/or Services under this Agreement.
10.7 Immediately upon termination of this Agreement as provided herein, you shall cease all use of our Services and products.
11.1 You hereby grant us the right to add your name and/or company logo, as applicable (collectively,“Name”),to our user list and Website,and to use such Names in our marketing and promotional activities. You will not use our name and/or logo publicly without our prior written consent.
11.2 You agree that hot keys, hyperlinks, logos, marks, information may be created / inserted / put on the user pages by us and no compensation of whatsoever nature shall be payable by us to you.
11.3 You hereby authorize us to send service related transactional SMS messages, even in the case that the your contact number is listed as DND with the concerned telecom regulatory authority
12. MAINTENANCE OF THE WEBSITE
From time to time, we may take the decision to cease to publish our Services and remove the content from the Services or from the Website so that it is no longer downloadable (we refer to the date that this occurs as the “Maintenance”). We will always try to provide you a reasonable amount of notice of the anticipated Maintenance for the Website, whether this notice occurs as an on-screen pop-up and/or official announcement by Hefty on the Website or Hefty’s social media channels.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND HEFTY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON- INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. HEFTY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. HEFTY DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. HEFTY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold us (and our officers, employees, assignees and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations, or (d) Third-party services. 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of Hefty. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEFTY, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF HEFTY AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF HEFTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF HEFTY’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF HEFTY, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF HEFTY OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO HEFTY UNDER THIS AGREEMENT IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
(a) Dispute Resolution. To the maximum extent permitted by law, this Agreement shall be governed by the laws of United States of America without reference to conflicts of law principles, and subject to the arbitration provision below, you hereby consent to the exclusive jurisdiction and venue of courts in Delaware (United States of America) in all disputes arising out of or relating to the use of our products and/or services or relating to this Agreement. Any dispute under this Agreement shall be referred for resolution by arbitration by a sole arbitrator appointed by us. Such arbitration shall be governed by the provisions of the Federal Arbitration Act of the United States of America (Pub. L. 68–401, 43 Stat. 883, enacted February 12, 1925, codified at 9 U.S.C. Ch. 1) and rules and ordinances thereto, as amended from time to time and shall be held at Delaware (United States of America). You hereby consent to waive to claim personal jurisdiction and venue in the above-referenced courts and agree not to challenge or object to such jurisdiction.
(b) Severability. If any part or parts of this Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(c) Waiver. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement.
(d) Survival of Agreement. This Agreement will survive the termination of your relationship with Hefty.
(e) Emergency Equitable Relief. Notwithstanding the foregoing, either Party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Agreement.
(f) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Agreement.
16.2 Applicable Law. The laws of Delaware, United States of America excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Hefty.
16.3 Force Majeure. Hefty is not responsible for damages caused by delay or failure to perform undertakings under this Agreement when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; pandemic, epidemic, computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, We are excused from any and all performance obligations and this Agreement shall be fully and conclusively at an end.
16.4 Electronic Communications. The communications between you and us use electronic means, whether you use the Services or send us emails, or whether we post notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
16.6 Grievance Officer
In accordance with applicable laws, in case of any grievance, objection or complaint on Your part with respect to the website or application, other users or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the website or application, you should promptly raise such grievance or complaint with the below designated Grievance Officer:
Grievance Officer – Shreevar Jhunjunwala
Email – [email protected]