Last updated
December 24, 2023
AGREEMENT TO OUR
LEGAL TERMS
We
are LAB64 LLC
("Company," "we,"
"us," "our")
, a company registered
in
Armenia
at K. Ulnetsi 3 bck., 2/2 - 34
, Yerevan
,
Yerevan
0014
.
Our VAT number is
VATXXXXX.
We
operate the website
https://examlab.io
(the "Site")
, as well as any other
related products and services that refer or link to these legal
terms (the "Legal
Terms")
(collectively, the "Services").
You
can contact us by phone at +37477641448, email at support@lab64.am
, or by mail to K. Ulnetsi 3 bck., 2/2 - 34
, Yerevan
, Yerevan
0014
,
Armenia
.
These
Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and LAB64 LLC, concerning your access to and
use of the Services. You agree that by accessing the Services,
you have read, understood, and agreed to be bound by all of
these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We
will provide you with prior notice of any scheduled changes to
the Services you are using. The modified Legal Terms will become
effective upon posting or notifying you by noreply@examlab.io,
as stated in the email message. By continuing to use the
Services after the effective date of any changes, you agree to
be bound by the modified terms.
All
users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of,
and be directly supervised by, their parent or guardian to use
the Services. If you are a minor, you must have your parent or
guardian read and agree to these Legal Terms prior to you using
the Services.
We recommend that you print a copy of
these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when
using the Services is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on
their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
The Services are not tailored to
comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services.
You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL
PROPERTY RIGHTS
Our intellectual property
We
are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our
Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around
the world.
The
Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or
internal business purpose
only.
Your use of our Services
Subject to your compliance with
these Legal Terms, including the "
PROHIBITED
ACTIVITIES" section below, we
grant you a non-exclusive, non-transferable, revocable license to:
- access
the Services; and
- download
or print a copy of any portion of the Content to which you have
properly gained access.
solely
for your personal,
non-commercial use or internal business purpose.
Except
as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
If
you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal
Terms, please address your request to: support@lab64.am.
If we ever grant you the permission to post, reproduce, or
publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content,
or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our
Content.
We
reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your
submissions and
contributions
Please review this section and the
"PROHIBITED ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you
give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By
directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ("Submissions"), you agree to assign
to us all intellectual property rights in such Submission. You
agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation
to you.
Contributions:
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other
functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal
information, or other material ("Contributions"). Any Submission that
is publicly posted shall also be treated as a Contribution.
You understand that Contributions
may be viewable by other users of the Services.
When you post
Contributions, you grant us a license (including use of
your name, trademarks, and logos):
By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name,
and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into
other works, your Contributions, and to sublicense the licenses granted in this
section. Our use and distribution may occur in any media formats
and through any media channels.
This license includes our use of
your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.
You are responsible for
what you post or upload: By sending us Submissions and/or posting Contributions through any part of
the Services or making
Contributions accessible through the Services by linking your
account through the Services to any of your social networking
accounts, you:
- confirm
that you have read and agree with our "
PROHIBITED
ACTIVITIES" and will not post,
send, publish, upload, or transmit through the Services any
Submission nor post any
Contribution that
is illegal, harassing, hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or
misleading;
- to the
extent permissible by applicable law, waive any and all moral
rights to any such Submission
and/or Contribution;
- warrant
that any such Submission
and/or Contributions
are original to you or that you have the necessary rights and licenses to submit such
Submissions and/or
Contributions and
that you have full authority to grant us the above-mentioned
rights in relation to your Submissions and/or Contributions; and
- warrant
and represent that your Submissions
and/or Contributions
do not constitute confidential information.
You are solely responsible for your Submissions
and/or Contributions
and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section,
(b) any third party’s intellectual property rights, or (c)
applicable law.
We may remove or edit your Content: Although we
have no obligation to monitor any Contributions, we shall have
the right to remove or edit any Contributions at any time without
notice if in our reasonable opinion we consider such
Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or
disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please
immediately refer to the
"
COPYRIGHT
INFRINGEMENTS
"
section below.
By
using the Services, you represent and warrant that:
(
1
) all
registration information you submit will be true, accurate,
current, and complete; (
2
) you will
maintain the accuracy of such information and promptly update
such registration information as necessary;
(3) you have the
legal capacity and you agree to comply with these Legal Terms;
(
4
) you are
not a minor in the jurisdiction in which you reside
, or if a minor, you have received
parental permission to use the Services
;
(
5
) you will
not access the Services through automated or non-human means,
whether through a bot, script or otherwise; (
6
) you will
not use the Services for any illegal or unauthorized purpose; and (
7
) your use
of the Services will not violate any applicable law or
regulation.
If
you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
You
may be required to register to use the Services. You agree to
keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We
accept the following forms of payment:
- Visa
- Mastercard
- American
Express
- Discover
You
agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment
information, including email address, payment method, and
payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in
US dollars.
You
agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to charge your
chosen payment provider for any such amounts upon placing your
order.
We reserve the right to
correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We
reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the
same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers, or distributors.
6. FREE TRIAL
We offer a 15-day
free trial to new users who register with the Services.
The account will not be charged and the
subscription will be suspended until upgraded to a paid version
at the end of the free trial.
7. CANCELLATION
You can cancel your subscription at any time by contacting us
using the contact information provided below.
Your cancellation will take effect at the end of the current paid
term.
If you are unsatisfied with our
Services, please email us at support@lab64.am
or call us at +37477641448
.
You
may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may
not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create
or compile, directly or indirectly, a collection,
compilation, database, or directory without written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in
any attempt to learn sensitive account information such
as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related
features of the Services, including features that
prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Services and/or
the Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or
the Services.
- Use
any information obtained from the Services in order to
harass, abuse, or harm another person.
- Make
improper use of our support services or submit false
reports of abuse or misconduct.
- Use
the Services in a manner inconsistent with any
applicable laws or regulations.
- Engage
in unauthorized framing of or
linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation,
or maintenance of the Services.
- Engage
in any automated use of the system, such as using
scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from
any Content.
- Attempt
to impersonate another user or person or use the
username of another user.
- Upload
or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information
collection or transmission mechanism, including without
limitation, clear graphics interchange formats ("gifs"), 1×1 pixels,
web bugs, cookies, or other similar devices (sometimes
referred to as "spyware"
or "passive collection mechanisms" or "pcms").
- Interfere
with, disrupt, or create an undue burden on the Services
or the networks or services connected to the Services.
- Harass,
annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services
to you.
- Attempt
to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any
portion of the Services.
- Copy
or adapt the Services' software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or
launch any unauthorized script or
other software.
- Use
a buying agent or purchasing agent to make purchases on
the Services.
- Make
any unauthorized use of the
Services, including collecting usernames and/or email
addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
- Use
the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial
enterprise.
- Use the Services to advertise or offer to
sell goods and services.
- Sell or otherwise transfer your profile.
9. USER
GENERATED CONTRIBUTIONS
The Services may
invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and
may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but
not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit
may be treated as non-confidential and non-proprietary. When
you create or make available any Contributions, you thereby
represent and warrant that:
- The creation, distribution,
transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
- You are the creator and owner
of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services
and these Legal Terms.
- You have the written consent,
release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or
likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in
any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not
false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters,
spam, mass mailings, or other forms of solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not
used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a
specific person or class of people.
- Your Contributions do not
violate any applicable law, regulation, or rule.
- Your Contributions do not
violate the privacy or publicity rights of any third party.
- Your Contributions do not
violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of
minors.
- Your Contributions do not
include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or
regulation.
Any
use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
By
posting your Contributions to any part of the Services
, you automatically grant,
and you represent and warrant that you have the right to grant,
to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of,
or incorporate into other works, such Contributions, and grant
and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and
through any media channels.
This
license will apply to any
form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and
you warrant that moral rights have not otherwise been asserted
in your Contributions.
We
do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
We
have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations on the Services; and
(3) to pre-screen or delete any Contributions at any time and
for any reason, without notice. We have no obligation to
monitor your Contributions.
11. SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who,
in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of,
or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Services in a manner designed to protect
our rights and property and to facilitate the proper functioning
of the Services.
12. PRIVACY
POLICY
We
care about data privacy and security. Please review our Privacy
Policy:
https://examlab.io/privacy-policy.
By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in
Germany
. If you access the Services
from any other region of the world with laws or other
requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
Germany
, then through your continued
use of the Services, you are transferring your data to
Germany
, and you expressly consent to
have your data transferred to and processed in
Germany
.
13. COPYRIGHT
INFRINGEMENTS
We
respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please
immediately notify us using the contact information provided
below (a "Notification"). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if
you are not sure that material located on or linked to by the
Services infringes your copyright, you should consider first
contacting an attorney.
14. TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve
the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Services.
We
cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
16. GOVERNING
LAW
These
Legal Terms shall be governed by and defined following the laws
of
Armenia. LAB64 LLC and yourself irrevocably
consent that the courts of
Armenia shall
have exclusive jurisdiction to resolve any dispute which may
arise in connection with these Legal Terms.
17. DISPUTE
RESOLUTION
Binding Arbitration
Any dispute arising out of or in connection with these Legal
Terms, including any question regarding its existence, validity,
or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The
number of arbitrators shall be
one (1)
. The seat, or legal place, or arbitration shall be
Yerevan
,
Armenia
. The language of the proceedings shall be
English
. The governing law of these Legal Terms shall be substantive law
of
Armenia
.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to
utilize
class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to
the above provisions concerning binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
18. CORRECTIONS
There may be
information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right
to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior
notice.
19.
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.
20. 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 LESSER OF THE AMOUNT PAID, IF ANY, BY
YOU TO US
DURING
THE twelve (12) MONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING
OR
$200.00 USD
.
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.
21. INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal
Terms; (4) any breach
of your representations and warranties set forth in these Legal
Terms; (5) your
violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act
toward any other user of the Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defense of such claims. We
will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification
upon becoming aware of it.
22. USER
DATA
We
will maintain certain data that you transmit to the Services for
the purpose of managing the performance of the Services, as well
as data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for
all data that you transmit or that relates to any activity you
have undertaken using the Services. You agree that we shall have
no liability to you for any loss or corruption of any such data,
and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in
any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
24. CALIFORNIA
USERS AND RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any
and all defenses you may have based on
the electronic form of these Legal Terms and the lack of signing
by the parties hereto to execute these Legal Terms.
26. CLAUSE
TITLE 1
Clause details 1
27.
CLAUSE TITLE 2
Clause details 2
28.
CLAUSE TITLE 3
Clause details 3
29. CONTACT
US
In
order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact
us at:
LAB64 LLC
K. Ulnetsi 3 bck., 2/2 - 34
Yerevan
, Yerevan
0014
Armenia
Phone: +37477641448
support@lab64.am