Terms and Conditions

Last Updated:  2024/04/04

Agreement to Our Legal Terms

These Terms and Conditions (“Terms”) constitute a binding agreement between you and the International Mental Health Olympiad (“IMHO”). They outline crucial rules and regulations that must be adhered to when participating in the International Mental Health Olympiad (“IMHO”) events. It is imperative that you review and understand these terms carefully. In the event you register for the IMHO on behalf of another individual (e.g., as a parent or legal guardian), these Terms and Conditions govern both your actions and those of the participant (collectively referred to as “you”).

We administer the International Mental Health Olympiad through our website International Mental Health Olympiad (the “Site”) and any affiliated products and services connected to these legal terms (the “Legal Terms”) (collectively referred to as the “Services”).

You will receive prior notification of any planned adjustments to the Services you utilize. The updated Legal Terms will be effective upon publication or notification via iro@samyakscience.com, as indicated in the email communication. By continuing to utilize the Services subsequent to the effective date of any modifications, you express your consent to be bound by the revised terms.

The Services are designed for users aged 13 and above. Minors (typically individuals under the age of 18) using the Services must obtain explicit consent and direct supervision from their parent or legal guardian during the registration process. If you are a minor, it is mandatory for your parent or guardian to review and accept these Legal Terms prior to your utilization of the Services.

We advise that you retain a printed copy of these Legal Terms for your reference and records.

Section X: Prohibited Behaviors

Participants in the International Mental Health Olympiad (IMHO) are expected to adhere to the following prohibited behaviors outlined below. These regulations are designed to maintain the integrity and fairness of the competition.

  1. Cheating and Unfair Advantage: You are strictly prohibited from attempting to cheat or gain an unfair advantage during the IMHO.
  2. Improper Access: Any attempt to obtain unauthorized access to the IMHO or its related information is prohibited.
  3. Examination Material: Refraining from accessing or attempting to access IMHO materials outside of the designated testing period is mandatory.
  4. Electronic Devices: Usage of any electronic devices, including phones, during the examination period is strictly forbidden.
  5. Artificial Intelligence Tools: Utilization of artificial intelligence tools, including Generative Pre-trained Transformer tools (e.g., GPT-4), is strictly prohibited.
  6. Leaving Examination Area: Participants must remain in the examination area for the entire duration of the test.
  7. Reproduction of Exam Content: Reproducing or attempting to reproduce any portion of the IMHO Exam in any form is strictly prohibited.
  8. Sharing Content: Sharing IMHO content during or after the examination through any means, including email, text messages, social media, or the internet, is prohibited.
  9. Unauthorized Assistance: Having subject-related information on personal items, attempting to obtain assistance, or communicating with others about the IMHO during or after the administration of the test is strictly prohibited.
  10. Testing Accommodations: Using testing accommodations not approved by the International Mental Health Olympiad team is prohibited.
  11. Calculator Usage: Using a calculator during testing is only permissible if specified.
  12. Plagiarism: Copying the work of others or submitting work that is not entirely your own is strictly prohibited.
  13. Impersonation: Attempting to take the IMHO for someone else or having someone else take the exam on your behalf is strictly prohibited.
  14. Disruptive Behavior: Engaging in confrontational, threatening, or unruly behavior toward any IMHO participant, test administrator, proctor, or member of the Samyak Science Society is strictly prohibited.
  15. Failure to Follow Instructions: Failure to comply with any test administration rules outlined in these Terms and Conditions, instructions, application materials, or directions given by the IMHO examination portal is prohibited.

Participants found violating any of these regulations will be subject to investigation and potential consequences as deemed appropriate by the IMHO administration.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PURCHASES AND PAYMENT
  6. POLICY
  7. PROHIBITED ACTIVITIES
    • Section X: Code of Conduct
  8. USER GENERATED CONTRIBUTIONS
  9. CONTRIBUTION LICENSE
  10. SERVICES MANAGEMENT
  11. PRIVACY POLICY
  12. TERM AND TERMINATION
  13. MODIFICATIONS AND INTERRUPTIONS
  14. GOVERNING LAW
  15. DISPUTE RESOLUTION
  16. CORRECTIONS
  17. DISCLAIMER
  18. LIMITATIONS OF LIABILITY
  19. INDEMNIFICATION
  20. USER DATA
  21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  22. CALIFORNIA USERS AND RESIDENTS
  23. MISCELLANEOUS
  24. CONTACT US

Section X: Code of Conduct

In addition to the general terms outlined in this document, participants in the International Mental Health Olympiad (IMHO) are expected to adhere to the following Code of Conduct:

  1. Integrity and Fairness: Participants must uphold the highest standards of integrity and fairness throughout all aspects of the IMHO.
  2. Respect and Professionalism: Respectful and professional behavior towards fellow participants, organizers, and staff is mandatory.
  3. Honesty: Participants must refrain from any form of dishonesty, including but not limited to cheating, plagiarism, or misrepresentation of their work.
  4. Confidentiality: Any confidential information or materials provided by the IMHO must be treated with the utmost confidentiality and not shared with unauthorized individuals.
  5. Compliance with Rules: All participants must comply with the rules and regulations set forth by the IMHO administration regarding eligibility, registration, and conduct during the competition.
  6. Non-Discrimination: Discrimination of any kind, including but not limited to race, gender, religion, or nationality, will not be tolerated.
  7. Sportsmanship: Participants are expected to exhibit good sportsmanship at all times, whether interacting with fellow participants or responding to competition outcomes.
  8. Accountability: Participants are accountable for their actions and must take responsibility for any violations of the Code of Conduct.

Failure to adhere to the Code of Conduct may result in disqualification from the IMHO and other disciplinary actions as deemed appropriate by the IMHO administration.

1. Our Services

The International Mental Health Olympiad (IMHO) provides services designed to foster intellectual engagement and promote mental health awareness. By accessing and utilizing these services, participants agree to adhere to the following guidelines:

1.1 Jurisdictional Compliance:

  • The information and services offered by IMHO are not intended for distribution to or use by any person or entity in jurisdictions where such distribution or use would contravene applicable laws or regulations.
  • Users accessing the services from other locations do so at their own discretion and are solely responsible for compliance with local laws.

1.2 Industry-Specific Regulations:

  • IMHO 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). Therefore, if your interactions would be subjected to such laws, usage of the services is prohibited.
  • Users may not employ the services in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

By utilizing IMHO services, participants acknowledge and agree to abide by these terms and conditions. Failure to comply may result in the termination of access to IMHO services and other appropriate actions deemed necessary by the IMHO administration.

2. Intellectual Property Rights

Our Intellectual Property

We own or hold licenses for all intellectual property rights within our Services, encompassing source code, databases, functionality, software, website designs, audio, video, text, mock Exam questions, photographs, and graphics (referred to collectively as “Content”), along with the trademarks, service marks, and logos contained therein (referred to as “Marks”). Materials related to Exams and mock Exams are protected by the respective rights of their owners.

Our Content and Marks are safeguarded by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws, applicable in the United States and internationally. The Content and Marks are provided through the Services solely for personal, non-commercial use.

Your Use of Our Services

Subject to 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 solely for personal, non-commercial use.

Except as detailed in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be used for commercial purposes without our explicit prior written consent. If you seek to utilize the Services, Content, or Marks beyond what is outlined in this section or elsewhere in our Legal Terms, please direct your request to: iro@samyakscience.com. If permission is granted to post, reproduce, or publicly display any portion of our Services or Content, you must acknowledge us as the owners or licensors and ensure that appropriate copyright or proprietary notices accompany such usage. We retain the right to revoke any permission granted for posting, reproducing, or publicly displaying content.

We reserve all rights not expressly granted to you pertaining to the Services, Content, and Marks. Any infringement of these Intellectual Property Rights will be deemed a material breach of our Legal Terms, resulting in immediate termination of your right to use our Services.

Your Submissions

Submission Agreement: By providing us with any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to transfer all intellectual property rights in such Submission to us. You acknowledge that we will own the Submission and have the right to use and distribute it freely for any lawful purpose, whether commercial or otherwise, without acknowledgment or compensation to you.

Responsibility for Content

You are accountable for the content you post or upload. When submitting content through any part of the Services, you agree to:

  • Adhere to our “PROHIBITED ACTIVITIES” guidelines and refrain from posting any content that violates applicable laws or is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
  • Waive any moral rights to the Submission, to the extent permitted by applicable law.
  • Ensure that your Submission is original or that you possess the necessary rights and licenses to submit it, granting us the aforementioned rights.
  • Confirm that your Submission does not contain confidential information.

You are solely responsible for your Submissions and agree to indemnify us for any losses resulting from your breach of this agreement, infringement of third-party intellectual property rights, or violation of applicable law.

3. User Representations

When utilizing the Services, you affirm and assure that:

  1. All information provided during registration is true, accurate, current, and complete.
  2. You will promptly update any changes to your registration information to ensure its accuracy.
  3. You possess the legal capacity and agree to adhere to these Legal Terms.
  4. You are at least 13 years old.
  5. You are of legal age in your jurisdiction, or if not, you have obtained parental consent to use the Services.
  6. You will not employ automated or non-human methods to access the Services, including bots or scripts.
  7. You will not engage in any unlawful or unauthorized activities through the Services.
  8. Your use of the Services complies with all applicable laws and regulations.

Should you provide information that is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny access to current or future use of the Services.

4. User Registration

To access the Services, registration may be required. You agree to maintain the confidentiality of your password and accept responsibility for all activities conducted using your account. We reserve the right to remove, reclaim, or modify any username deemed inappropriate, obscene, or objectionable at our sole discretion.

5. Purchases and Payment

We accept the following forms of payment for registration:

  • Visa
  • American Express
  • Mastercard
  • Any other card and bank provider supported by Stripe, Inc.

You agree to furnish current, complete, and precise purchase and account details for all transactions made via the Services. You also commit to promptly update account and payment information, including email address, payment method, and card expiration date. We retain the right to adjust prices at our discretion. All payments are processed in US dollars.

You affirm to settle all charges at the prevailing prices for your purchases and any relevant shipping fees. By placing an order, you authorize us to debit your chosen payment provider for the required amounts. We reserve the prerogative to rectify any pricing errors, irrespective of prior payment requests or receipts.

We maintain the right to decline any orders made through the Services. Additionally, we may, at our discretion, impose limits on quantities purchased per person, household, or order. Such restrictions may extend to orders placed using the same customer account, payment method, or billing/shipping address. We reserve the authority to restrict or prohibit orders that, in our sole judgment, appear to originate from dealers, resellers, or distributors.

6. Policy

All services procured from the International Mental Health Olympiad are non-refundable unless explicitly stated otherwise in writing. This policy applies universally, encompassing the registration fee.

Participants seeking fee waivers must make formal requests via email to iro@samyakscience.com. Further details on the Fee Waiver Policy can be found in the associated document. Please note that the granting of fee waivers is contingent upon various factors, including economic status, financial hardships, and other special circumstances. Decisions regarding fee waivers are made on a case-by-case basis, and we reserve the right to approve or deny requests at our discretion, with or without stated reasons.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. Additionally, you agree not to engage in the following prohibited activities:

  1. Unauthorized Data Retrieval: You must not systematically retrieve data or other content from the Services to create or compile databases without written permission.
  2. Fraudulent Behavior: Do not trick, defraud, or mislead us or other users, especially in attempts to obtain sensitive account information.
  3. Security Interference: Do not circumvent or interfere with security-related features of the Services, including measures to prevent unauthorized use or copying of content.
  4. Disparagement: Avoid disparaging or harming us or the Services in any way.
  5. Harassment and Abuse: Do not use information obtained from the Services to harass, abuse, or harm others.
  6. Improper Use of Support Services: Misuse of support services or submitting false reports of abuse or misconduct is prohibited.
  7. Violation of Laws: Ensure your use of the Services complies with all applicable laws and regulations.
  8. Automated Use: Do not engage in automated use of the system, such as data mining or using scripts to send messages.
  9. Impersonation: Attempting to impersonate another user or person, or using their username, is strictly prohibited.
  10. Manipulation of Content: Do not upload or transmit material designed to manipulate content, such as spyware or passive collection mechanisms.
  11. Interference with Services: Avoid interfering with or disrupting the functioning of the Services or associated networks.
  12. Unauthorized Software Use: Do not copy, adapt, or reverse engineer the Services’ software without authorization.
  13. Unauthorized Access: Attempting to bypass measures designed to prevent or restrict access to the Services is prohibited.
  14. Unauthorized Purchasing: Use of buying or purchasing agents to make unauthorized purchases on the Services is not allowed.
  15. Unauthorized Collection of User Data: Avoid unauthorized collection of user data for unsolicited emails or creating user accounts under false pretenses.
  16. Competitive Use: Do not use the Services to compete with us or for any revenue-generating or commercial purposes.
  17. Non-Disclosure of Exam Questions: Participants must refrain from disclosing, sharing, or leaking any information related to the exam questions before, during, or after the competition.



8. User Generated Contributions

The Services do not facilitate user content submissions. However, if provided with the opportunity, you may create, submit, or post content (“Contributions”) on the Services. These Contributions, including text, images, videos, and other materials, may be visible to other users and through third-party platforms. By making Contributions, you affirm that:

  • Your Contributions do not violate any third-party proprietary rights, including copyright, patent, trademark, or trade secret.
  • You possess all necessary rights, licenses, consents, and permissions to authorize us and other users to use your Contributions as per the Services and these Legal Terms.
  • You have obtained written consent from identifiable individuals in your Contributions to use their names or likeness as per the Services and these Legal Terms.
  • Your Contributions are accurate and do not misrepresent facts.
  • Your Contributions are not intended for unsolicited advertising, spam, or other unauthorized promotional activities.
  • Your Contributions are free from obscenity, violence, harassment, defamation, or any other objectionable content.
  • Your Contributions do not promote violence or threaten harm against individuals or groups.
  • Your Contributions comply with all applicable laws, regulations, and rules.
  • Your Contributions do not infringe upon the privacy or publicity rights of any third party.
  • Your Contributions do not involve child pornography or content that may harm minors.
  • Your Contributions do not contain offensive comments related to race, nationality, gender, sexual orientation, or disability.
  • Your Contributions do not violate these Legal Terms or any applicable law or regulation.

Violation of these guidelines may result in the termination or suspension of your access to the Services.

9. Contribution License

You and the Services acknowledge that we may access, store, process, and utilize any information and personal data you provide, subject to the terms outlined in the Privacy Policy and your preferences (including settings).

By submitting suggestions or feedback concerning the Services, you agree that we can utilize and distribute such feedback for any purpose without acknowledgment or compensation to you.

We do not claim ownership of your Contributions. You retain complete ownership of all your Contributions and any associated intellectual property or proprietary rights. We bear no liability for any statements or representations in your Contributions. You are solely responsible for your Contributions, and you explicitly release us from any responsibility and agree not to take legal action against us regarding your Contributions.

10. Services Management

We reserve the right, though not obligated, to:

  1. Monitor the Services for violations of these Legal Terms.
  2. Take appropriate legal action against any individual who, at our sole discretion, violates the law or these Legal Terms, including reporting such users to law enforcement authorities.
  3. Refuse, restrict access to, limit availability of, or disable any of your Contributions or any part thereof at our sole discretion.
  4. Remove from the Services or disable all files and content that are excessively large or burdensome to our systems without notice or liability.
  5. Manage the Services to protect our rights and property and ensure their proper functioning.

11. Privacy Policy

We prioritize data privacy and security. Please review our Privacy Policy: [Privacy Policy Link]. By using the Services, you agree to abide by our Privacy Policy, which is an integral part of these Legal Terms. Please note that the Services are hosted in the United States. If you access the Services from a region with laws differing from those in the United States regarding personal data collection, use, or disclosure, you consent to the transfer and processing of your data in the United States.

Additionally, we do not knowingly collect information from or market to children. In compliance with the U.S. Children’s Online Privacy Protection Act, if we become aware that anyone under 13 has provided personal information without verifiable parental consent, we will promptly delete such information from the Services.

12. Term and Termination

These Legal Terms are effective for the duration of your use of the Services. However, we reserve the right, at our sole discretion and without prior notice or liability, to deny access to the Services to any individual for any reason or no reason, including but not limited to breach of these Legal Terms or any applicable law or regulation. We may terminate your use of the Services, delete your account, and remove any posted content or information without warning, at any time and at our sole discretion.

If your account is terminated or suspended, you are prohibited from creating a new account under your name or any third-party name. We also reserve the right to take legal action, including civil, criminal, and injunctive remedies, in addition to terminating or suspending your account.

13. Modifications and Interruptions

We retain the right to change, modify, or remove content from the Services at our discretion, without prior notice. We are not obligated to update any information on the Services. We will not be liable for any modifications, price changes, suspensions, or discontinuations of the Services.

While we strive to provide uninterrupted Services, we may encounter technical issues or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to modify, suspend, discontinue, or otherwise alter the Services at any time without notice. You agree that we bear no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime. We are not obligated to maintain, support, or provide updates for the Services.

14. Governing Law

These Legal Terms and your use of the Services are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. All agreements made and performed within the Commonwealth of Massachusetts are subject to these Legal Terms.

15. Dispute Resolution

Informal Negotiations

To streamline dispute resolution and minimize costs related to any dispute, controversy, or claim arising from these Legal Terms (referred to as “Dispute” or collectively, “Disputes”) brought by either party (individually, a “Party” and collectively, the “Parties”), both Parties agree to initially attempt informal negotiations for at least 120 days before pursuing arbitration, unless stated otherwise below. Informal negotiations commence upon written notice from one Party to the other.

Binding Arbitration

Any dispute arising from or relating to these Legal Terms, including questions regarding its validity, shall be referred to and resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146), pursuant to the ICAC Rules, which are deemed part of this clause. The arbitration panel shall consist of three (3) arbitrators, and the proceedings shall be conducted in English. The arbitration shall take place within the United States, with U.S. law governing these Legal Terms.

Restrictions

The Parties agree that arbitration shall be limited to individual Disputes. To the fullest extent permitted by law: (a) no arbitration shall be consolidated with any other proceeding; (b) class-action arbitration is not allowed; and (c) Disputes cannot be arbitrated on a representative basis for the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are exempt from the informal negotiation and binding arbitration provisions: (a) Disputes concerning the enforcement, validity, or protection of any Party’s intellectual property rights; (b) Disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any provision is deemed illegal or unenforceable, neither Party will arbitrate such Dispute, and it shall be resolved by a court of competent jurisdiction.

16. Corrections

There may be typographical errors, inaccuracies, or omissions in the information provided on the Services, including descriptions, pricing, and availability. We reserve the right to rectify any such errors, inaccuracies, or omissions, and to update or modify the information on the Services at our discretion, without prior notice.

17. 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 MOBILE 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, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/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 POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. 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. 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.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising from: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) violation of third-party rights, including intellectual property rights; or (5) any harmful act toward another user of the Services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. We will notify you of any such claim, action, or proceeding.

20. USER DATA

We collect and maintain data you transmit to the Services for managing performance and your usage. While we conduct routine backups, you are responsible for all data you transmit. We disclaim liability for any loss or corruption of data, and you waive any claims against us for such loss or corruption.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Your visit to the Services, email correspondence, and completion of online forms constitute electronic communications. By using the Services, you consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email or the Services, fulfill any legal requirement for written communication. You acknowledge and agree to the use of electronic signatures, contracts, orders, and records, as well as electronic delivery of notices, policies, and transaction records initiated or completed through us or the Services. You waive any rights or requirements under any laws that necessitate original signatures, non-electronic record delivery or retention, or non-electronic payment methods.

22. CALIFORNIA USERS AND RESIDENTS

If you have an unresolved complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Write to them at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or call (800) 952-5210 or (916) 445-1254.

23. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted on the Services, constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Legal Terms does not waive that right or provision. These Legal Terms are enforceable to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our control. If any provision of these Legal Terms is deemed unlawful, void, or unenforceable, that provision is severable and does not affect the validity and enforceability of the remaining provisions. These Legal Terms do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms will not be construed against us based on their drafting. By using the Services, you waive any defenses based on the electronic form of these Legal Terms and the absence of physical signatures.