Terms of Use
Last updated June 13, 2022
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. GUIDELINES FOR REVIEWS
9. MOBILE APPLICATION LICENSE
10. SUBMISSIONS
11. ADVERTISERS
12. SITE MANAGEMENT
13. PRIVACY POLICY
14. COPYRIGHT INFRINGEMENTS
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS
26. MISCELLANEOUS
27. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and IncubatePro ("Company," “we," “us," or “our”), concerning your access to and use of the http://www.incubatepro.com.au website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Australia and have our registered office at __________, Adelaide, South Australia 5000. Our VAT number is 86653082254. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site 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 Site 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 Site is 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 this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietaryproperty and all source code, databases, functionality, software, websitedesigns, audio, video, text, photographs, and graphics on the Site(collectively, the “Content”) and the trademarks, service marks, and logoscontained therein (the “Marks”) are owned or controlled by us or licensed tous, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on theSite “AS IS” for your information and personal use only. Except as expressly provided in these Termsof Use, no part of the Site 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 tasated,tastted,dstbuted,sod,cesed,ooteseepotedoaycoecapuposewhatsoever, without our express prior writtenpermission.
Provided that you are eligible to use the Site, you aregranted a limited license to access and use the Site andto download or print acopy of any portion of the Content to which you have properly gained accesssolely foryour personal, non-commercial use. We reserve all rights notexpressly granted to you in and to the Site, theContent and the Marks.
3. USER REPRESENTATIONS
By using the Site, 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 updatesuch registration information as necessary
; (3) you have the legal capacity and you agree to comply with theseTerms of Use; (4) you are not a minor in the jurisdiction in which you reside
; (5) you will not access the Sitethrough automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use theSite for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law orregulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right tosuspend or terminate your account and refuse any and all current or future use of the Site (or any portionthereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will beresponsible for all use of your account and password. We reserve the right to remove, reclaim, or change ausername you select if we determine, in our sole discretion, that such username is inappropriate, obscene, orotherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. TheSite may not be used in connection with any commercial endeavors except those that are specificallyendorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, acollection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive accountinformation such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including featuresthat prevent or restrict the use or copying of any Content or enforce limitations on the use of the Siteand/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site 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 Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
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), thatinterferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, orusing 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 activeinformation collection or transmission mechanism, including without limitation, clear graphicsinterchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referredto as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected tothe Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portionof the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or anyportion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or othercode.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any ofthe software comprising or in any way making up a part of the Site.
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 Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of usersby electronic or other means for the purpose of sending unsolicited email, or creating user accounts byautomated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content forany revenue-generating endeavor or commercial enterprise.
6. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, andother 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 Site, including but not limited to text,writings, video, audio, photographs, graphics, comments, suggestions, or personal information or othermaterial (collectively, "Contributions"). Contributions may be viewable by other users of the Site and throughthird-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 notlimited 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, andpermissions to use and to authorize us, the Site, and other users of the Site to use your Contributions inany manner contemplated by the Site and these Terms of Use. ypy
You have the written consent, release, and/or permission of each and every identifiable individualperson in your Contributions to use the name or likeness of each and every such identifiable individualperson to enable inclusion and use of your Contributions in any manner contemplated by the Site andthese Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramidschemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, orotherwise 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 otherperson 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 otherwiseintended 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 Termsof Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among otherthings, termination or suspension of your rights to use the Site.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site
, you automatically grant, and you represent and warrantthat 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, yourimage 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. Theuse 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 ouruse of your name, company name, and franchise name, as applicable, and any of the trademarks, servicemarks, trade names, logos, and personal and commercial images you provide. You waive all moral rights inyour 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 Contributionsand any intellectual property rights or other proprietary rights associated with your Contributions. We are notliable for any statements or representations in your Contributions provided by you in any area on the Site. Youare solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any andall 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 anyContributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site;and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have noobligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must complywith the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2)your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) yourreviews should not contain discriminatory references based on religion, race, gender, national origin, age,marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity;(5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make anyconclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) youmay not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screenreviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are notendorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. Byposting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid,assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means,display, perform, and/or distribute all content relating to reviews.
9. MOBILE APPLICATION LICENSE
UseLicense
If you access theSite via a mobile application, then we grant you a revocable, non-exclusive,non-transferable,limited right to install and use the mobile application onwireless electronic devices owned or controlled by you,and to access and usethe mobile application on such devices strictly in accordance with the termsandconditions of this mobile application license contained in these Terms of Use.You shall not: (1) except aspermitted by applicable law, decompile, reverse engineer, disassemble, attempt to derivethe source code of,or decrypt the application; (2) make any modification,adaptation, improvement, enhancement, translation, orderivative work from theapplication; (3) violate any applicable laws, rules, or regulations inconnection withyour access or use of the application; (4) remove, alter, orobscure any proprietary notice (including any noticeof copyright or trademark)posted by us or the licensors of the application; (5) use the application foranyrevenue generating endeavor, commercial enterprise, or other purpose forwhich it is not designed or intended;(6) make the application available over anetwork or other environment permitting access or use by multipledevices orusers at the same time; (7) use the application for creating a product,service, or software that is,directly or indirectly, competitive with or inany way a substitute for the application; (8) use the application tosendautomated queries to any website or to send any unsolicited commercial e-mail;or (9) use anyproprietary information or any of our interfaces or our otherintellectual property in the design, development,manufacture, licensing, ordistribution of any applications, accessories, or devices for use with theapplication.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or GooglePlay (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application islimited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Androidoperating systems, as applicable, and in accordance with the usage rules set forth in the applicable AppDistributor’s terms of service; (2) we are responsible for providing any maintenance and support services withrespect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge thateach App Distributor has no obligation whatsoever to furnish any maintenance and support services withrespect to the mobile application; (3) in the event of any failure of the mobile application to conform to anyapplicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance withits terms and policies, may refund the purchase price, if any, paid for the mobile application, and to themaximum extent permitted by applicable law, the App Distributor will have no other warranty obligationwhatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located ina country that is subject to a U.S. government embargo, or that has been designated by the U.S. governmentas a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited orrestricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobileapplication, e.g., if you have a VoIP application, then you must not be in violation of their wireless data serviceagreement when using the mobile application; and (6) you acknowledge and agree that the App Distributorsare third-party beneficiaries of the terms and conditions in this mobile application license contained in theseTerms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right)to enforce the terms and conditions in this mobile application license contained in these Terms of Use againstyou as a third-party beneficiary thereof.
10. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other informationregarding the Site ("Submissions") provided by you to us are non-confidential and shall become our soleproperty. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to theunrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise,without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions,and you hereby warrant that any such Submissions are original with you or that you have the right to submitsuch Submissions. You agree there shall be no recourse against us for any alleged or actual infringement ormisappropriation of any proprietary right in your Submissions.
11. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Site, such assidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility forany advertisements you place on the Site and any services provided on the Site or products sold throughthose advertisements. Further, as an advertiser, you warrant and represent that you possess all rights andauthority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicityrights, and contractual rights. We simply provide the space to place such advertisements, and we have noother relationship with advertisers.
12. SITE MANAGEMENT
We reserve theright, but not the obligation, to: (1) monitor the Site for violations ofthese Terms of Use; (2)take appropriate legal action against anyone who, inour sole discretion, violates the law or these Terms ofUse, including withoutlimitation, reporting such user to law enforcement authorities; (3) in our solediscretionand without limitation, refuse, restrict access to, limit theavailability of, or disable (to the extent technologicallyfeasible) any ofyour Contributions or any portion thereof; (4) in our sole discretion andwithout limitation,notice, or liability, to remove from the Site or otherwisedisable all files and content that are excessive in size orare in any wayburdensome to our systems; and (5) otherwise manage the Site in a mannerdesigned toprotect our rights and property and to facilitate the properfunctioning of the Site.
13. PRIVACY POLICY
We care about data privacy and security. Please review our PrivacyPolicy: https://www.incubatepro.com.au/privacy-policy. By using the Site, you agree to be bound by ourPrivacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted inAustralia. If you access the Site from any other region of the world with laws or other requirements governingpersonal data collection, use, or disclosure that differ from applicable laws in Australia, then through yourcontinued use of the Site, you are transferring your data to Australia, and you agree to have your datatransferred to and processed in Australia.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through theSite infringes upon any copyright you own or control, please immediately notify us using the contactinformation provided below (a “Notification”). A copy of your Notification will be sent to the person who postedor stored the material addressed in the Notification. Please be advised that pursuant to applicable law you maybe held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not surethat material located on or linked to by the Site infringes your copyright, you should consider first contacting anattorney.
15. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANYOTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NOREASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW ORREGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOURACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUTWARNING, IN OUR SOLE DISCRETION.
If we terminateor suspend your account for any reason, you are prohibited from registering andcreating anew account under your name, a fake or borrowed name, or the name ofany third party, even if you may beacting on behalf of the third party. Inaddition to terminating or suspending your account, we reserve the righttotake appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
WecannotguaranteetheSitewillbeavailableatalltimes.We may experience hardware,software,or other Settings
We cannot guarantee the Site will be available at all times. We may experience hardware, software,or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or in convenience caused by your inability to access or use the Site during any downtime or discontinuance of theSite. Nothing in these Terms of Use will beconstrued to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Terms shall be governed by and defined following the laws of Australia. IncubatePro and yourselfirrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute whichmay arise in connection with these terms.
18. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreementto the jurisdiction of the Australia courts. IncubatePro shall also maintain the right to bring proceedings as tothe substance of the matter in the courts of the country where you reside or, if these Terms are entered into inthe course of your trade or profession, the state of your principal place of business.
19. CORRECTIONS
There may beinformation on the Site that contains typographical errors, inaccuracies, oromissions, includingdescriptions, pricing, availability, and various otherinformation. We reserve the right tocorrect any errors,inaccuracies, or omissions and to change or update theinformation on the Site at any time, without priornotice.
20. DISCLAIMER
THE SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OFTHE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTEDBY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SITEAND YOUR USE THEREOF, INCLUDING, WITHOUTLIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKENO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANYWEBSITES LINKED TO THE SITE AND WE WILL ASSUMENO LIABILITY OR RESPONSIBILITYFOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OFCONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROMYOUR ACCESS TO AND USE OF THE SITE, (3) ANYUNAUTHORIZED ACCESS TO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY INTERRUPTION ORCESSATION OF TRANSMISSIONTO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES,OR THE LIKE WHICHMAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,AND/OR (6) ANYERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITEOR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOTBE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOUAND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THEPURCHASEOF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOUSHOULD USEYOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANYTHIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHERDAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINEDHEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORMOF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THEAMOUNT PAID, IF ANY, BY YOU TOUS
DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN USSTATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES ORTHE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME ORALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVEADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree todefend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of ourrespective officers, agents, partners, andemployees, from and against any loss, damage, liability, claim, ordemand, includingreasonable attorneys’ fees and expenses, made by any third party due to orarising out of:
(1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of yourrepresentations and warranties set forth in these Terms of Use; (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 theSite with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at yourexpense, to assume the exclusive defense and control of any matter for which you are required to indemnifyus, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonableefforts to notify you of any such claim, action, or proceeding which is subject to this indemnification uponbecoming aware of it.
23. USER DATA
We will maintaincertain data that you transmit to the Site for the purpose of managing theperformance of theSite, as well as data relating to your use of the Site. Although we perform regular routine backupsof data, youare solely responsible for all data that you transmit or thatrelates to any activity you have undertaken usingthe Site. You agreethat we shall have no liability to you for any loss or corruption of any suchdata, and youhereby waive any right of action against us arising from any suchloss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. Youconsent to receive electronic communications, and you agree that all agreements, notices, disclosures, andother communications we provide to you electronically, via email and on the Site, satisfy any legal requirementthat such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIATHE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, orother laws in any jurisdiction which require an original signature or delivery or retention of non-electronicrecords, or to payments or the granting of credits by any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaintwith us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of theDivision of Consumer Services of the CaliforniaDepartment of Consumer Affairs in writing at 1625 NorthMarket Blvd., Suite N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.
26. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Siteconstitute the entire agreement and understanding between you and us. Our failure to exercise or enforce anyright or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Termsof Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligationsto others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act causedby any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use isdetermined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severablefrom these Terms of Use and does not affect the validity and enforceability of any remaining provisions. Thereis no joint venture, partnership, employment or agency relationship created between you and us as a result ofthese Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us byvirtue of having drafted them. You hereby waive any and all defenses you may have based on the electronicform of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
27. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site,please contact us at:
IncubatePro
Adelaide, South Australia 5000
Australia