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Terms of Use

Terms of Use

TERMS OF USE FOR VOLTERMAN, INC.

 

1. Acceptance of the Terms of Use

 

These terms of use are entered into by and between You and Volterman, Inc., a Delaware corporation (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your use of: (a) each of the products of the Company, including any technology and functionality offered on or through these products, as well as the mobile application (the “App”) to which the products connect (collectively, the “Products”, and each, a “Product”); (b) your access to and use of the Company website www.volterman.com and subdomains (collectively, the “Site”) whether as a guest or registered user; and (c) your access to and use of other online and offline platforms of the Company, such as its social media account pages on Facebook, Instagram, Twitter, Pinterest, LinkedIn (collectively, the “Platforms”).  The Products, the Site, and the Platforms, collectively, “Volterman Services”.

 

Please read the Terms of Use carefully before you start to use or access Volterman Services. By using or accessing the Volterman Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at this link, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Volterman Services.

 

You represent that you are at least 18 years old.  By accessing or using the Volterman Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements for this. If you do not meet all of these requirements, you must not access or use the Volterman Services.  We will not knowingly give access to or allow use of the Volterman Services to persons under the age of 18.  Any access to or use of the Volterman Services on the Platforms shall also be governed by the respective terms of use and privacy policies of the online and offline platforms which host such Platforms.

 

2. Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on our website at www.volterman.com.

 

Your continued use of or access to the Products and/or the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

3. The Products

 

The Products are available for purchase online from the Company at [www.volterman.com] and also online and onsite through distributors of the Company, a list of which is provided at this link.

 

The Products come with a limited warranty as provided in these Terms of Use.

 

As an end user of the Products, the Products shall be used for your personal purposes only.  The Products also have certain technology, functionality, and software (collectively, the “Technology”) in them.  Such Technology is licensed and not sold.  Such Technology is protected as copyright of the Company, all rights reserved, except as expressly provided hereunder. Upon your purchase of the Product(s), the Company gives you a revocable, limited, personal, worldwide, non-exclusive, royalty free and fully paid, non-transferable, non-sublicenseable license to use the Technology for your personal purposes as intended by the reasonable regular use of the Products.  The Company reserves all rights except as expressly granted to you hereunder.

 

You shall not, and you shall not permit any third party to, (a) decompile, disassemble, or otherwise reverse engineer the Products, except to the extent that such restriction is expressly prohibited by law; (ii) perform or attempt to perform any actions that would interfere with the proper working of the Products; or (iii) otherwise use the Products in any way other than as provided by these Terms of Use.

 

The Company expressly reserves the right to change, from time to time, the pricing, design, Technology, availability, specifications, and any and all other features of the Products, whether generally or specifically as to one or a few productions of the Product(s), including increasing, modifying, or decreasing the Products available, as well as discontinuing the design and production of one or more Products at its sole discretion, and you hereby disclaim any and all damage that may thereby be caused to you.

 

4. Account Registration

 

You, as user of the Product, will be required to register an account (“User Account”) with us prior to using the Product.  Your User Account will be connected to the specific Product.  In case you decide to transfer the Product to another user, you must disconnect your User Account from the Product, and the new user shall register a User Account connected to the Product prior to using it.

 

During registration of your User Account, you as the user of the Product will provide us with your name, passport information (for registering the SIM card embedded in the Products under your name), and email address and also scan a QR code provided with the Product, in order to connect your Product with the mobile application.  The information you provide will be used according to these Terms of Use, including the Privacy Policy. You acknowledge and agree that the information you provide may be transferred to a telecommunications provider to register the SIM card embedded in the Products under your name. You further acknowledge and agree that solely you will be responsible for any charges, fees, costs, expenses, and other payments, as well as any other liability and/or obligation, associated with your use of such SIM card. You have the option of not activating the SIM card, in which it will not be registered under your name and you would not have to provide your passport information.

 

5. Shipping, Exchanges, and Returns

 

The Company offers free worldwide shipping.  All import customs duties are at the expense of the purchaser. The purchaser will be responsible for duties, fees, and taxes applicable in the respective locality.  The Products are also available online and onsite through distributors of the Company, a list of which is provided at this link.  Please contact the respective distributor for information on their sale policies.

 

6. Limited Warranty

 

THIS LIMITED WARRANTY (THE “LIMITED WARRANTY”) GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY ACCORDING TO STATE, PROVINCE, OR JURISDICTION.  THIS LIMITED WARRANTY CAN ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.

 

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

 

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, IF ANY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

 

SOME STATES, PROVINCES, AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

 

Who May Use This Warranty?

This limited warranty extends only to the original purchaser of the Products. It does not extend to any subsequent or other owner or transferee of the Product.

 

What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in the Products.

 

What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control.  We shall have no obligation under this Limited Warranty if, after reasonable inspection of the Products, we determine in our sole discretion that the specific defect is not covered by this Limited Warranty.

 

What is the Period of Coverage?

This limited warranty starts on the date of your purchase and lasts for one year (the “Warranty Period”).  The Warranty Period is not extended if we repair or replace a warranted Product. We may change the availability of this Limited Warranty at our discretion, but any changes will not be retroactive.

 

What Are Your Remedies Under This Warranty?

With respect to any defective Products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge, or (ii) refund the purchase price originally paid for of such Products. If the Product is found defective and completely inoperable upon first use, then we will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products; otherwise, the shipping and handling fees will be charged to you.

 

How Do You Obtain Warranty Service?

To obtain warranty service, please follow the instructions at this link

 

7. Limitation of Liability Specific to Products

 

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.  OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

8. Volterman Services

 

We reserve the right to withdraw or amend the Volterman Services, and any content, functionality, and services we provide, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of the Volterman Services is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of the Volterman Services at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice.

 

To access the Volterman Services or some of the resources it offers, including upon purchase of the Product(s), you may be asked to provide certain registration details or other information, including in relation to setting up a user account. It is a condition of your use of the Volterman Services that all the information you provide is correct, current and complete. You agree that all information you provide to register with the Company or otherwise is governed by our Terms of Use, including the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Terms of Use, including the Privacy Policy.

 

If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Volterman Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any username, password or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

9. Intellectual Property Rights

 

The Volterman Services and its entire contents, features, functionality, and Technology (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into the Volterman Services, transcripts of any chat rooms, avatar profit information, trade secrets, and the client and server software), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

You agree that you have no rights or title in or to any content that appears in the Volterman Services.  As provided above, all such content, features, and functionality shall be owned by the Company, its licensors, or other providers of such material.

 

You agree to fully and exclusively assign to us upon creation, with full and exclusive ownership rights, any intellectual property or other tangible or intangible rights, interest, or title that you have or may have toward such content. You further agree to waive any and all causes of action against us that you may have in regards to any right, interest, or title that cannot be assigned to us in accordance with these Terms of Use.

 

These Terms of Use permit you to use the Products and other Volterman Services for your personal, non-commercial use only.  You must not access or use for any commercial purposes any part of the Volterman Services.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Volterman Services in breach of the Terms of Use, your right to use the Volterman Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Volterman Services or any content related to the Volterman Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Volterman Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

10. Trademarks

 

The Company name, the names used in the Volterman Services, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Company are the trademarks of their respective owners.

 

11. Prohibited Uses

 

You may use the Volterman Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Volterman Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Volterman Services, or which, as determined by us, may harm the Company or users of the Volterman Services or expose them to liability.

Additionally, you agree not to:

  • Use the Volterman Services in any manner that could disable, overburden, damage, or impair the same or interfere with any other party’s use of the same, including their ability to engage in real time activities through the Volterman Services;
  • Use any robot, spider or other automatic device, process or means to access the Volterman Services for any purpose, including monitoring or copying any of the material on the Volterman Services;
  • Use any manual process to monitor or copy any of the material on the Volterman Services or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Volterman Services;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Volterman Services, the server on which the same are stored, or any server, computer or database connected to the same;
  • Attack the Volterman Service via a denial-of-service attack or a distributed denial-of-service attack; and
  • Otherwise attempt to interfere with the proper working of the Volterman Services.

We also do not recognize and cannot be forced to recognize the transfer of user accounts.  You may not purchase, sell, gift, or trade any user account, or offer to purchase, sell, gift, or trade any use account, and any such attempt shall be void.  We cannot assume responsibility for any such transaction.

 

12. User Contributions

 

The Volterman Services may contain message boards, chat rooms, personal pages or profiles, forums, bulletin boards, network-creation functions and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users, other persons, or to us (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Volterman Services or on websites, social media platforms, or other online platforms related to the Volterman Services (including, without limitation, social media pages opened by us in relation to the Volterman Services).

 

All User Contributions must comply with the Content Standards set out in these Terms of Use.

 

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our licensees, successors and assigns an irrevocable, perpetual, worldwide, non-exclusive, unlimited, royalty-free and fully paid, sublicensable through multiple layers of (sub)licensing, transferable license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose at our sole discretion.

 

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors and assigns; and
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

 

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Volterman Services.

We may or may not backup User Contributions, and we cannot guarantee that the User Contributions will not be lost, damaged, or deleted.  You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

 

We may or may not back up the status, condition, and/or other personal features the Volterman Services, your User Contributions, and/or your user account, and we cannot guarantee that the same will not be lost, damaged, or deleted.  You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

 

13. Monitoring and Enforcement; Termination

 

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Volterman Services or the public or could create liability for the Company;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Volterman Services; and
  • Terminate or suspend your access to all or part of the Volterman Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Volterman Services or otherwise using the Volterman Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review material (User Contributions) before it is posted, and cannot ensure prompt removal of objectionable material (User Contributions) after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

14. Content Standards

 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

15. Copyright Policy

 

We respect the intellectual property rights of others and expect our users to do the same.  Content found to be infringing on the intellectual property rights of others will be removed in accordance Digital Millenium Copyright Act of 1998.  If you believe copyright is being unlawfully infringed upon by a user(s) on or through the Volterman Services, and if you have the authority to act (e.g., you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright), then please report the alleged copyright infringements taking place on or through the Site by completing the following notice in accordance with 17 U.S.C. §512(c) and delivering it to our Designated Copyright Agent.  Upon receipt of the notice as described below, we will take whatever action we deem appropriate in our sole discretion, including removal of the infringing material from the Site.  The notification must include the following information:

 

  1. Identify the copyrighted work(s) that you claim has been infringed;
  2. Identify the infringing material which you request us to remove;
  • Provide your mailing address, telephone number, and e-mail address;
  1. Include a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
  2. Include a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; and
  3. Provide your full legal name and your physical or electronic signature.

Volterman, Inc.’s Copyright Agent to receive such notifications is:

 

Vahagn Petrosyan

30 Tumanyan Street, # 36a

Yerevan 0001, Armenia

+374-93-537-705

vahagn.petrosyan@petrosyan.am

 

Pursuant to 17 U.S.C. §512(f), the complaining party is subject to liability for any costs, attorney’s fees, and damages incurred by us in connection with the notification if the notification contains any misrepresentation of material fact.

 

16. Reliance on Information Posted

 

The information presented on or through the Volterman Services is made available solely for general information and entertainment purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or use and access of the Volterman Services generally, or by anyone who may be informed of any of its contents.

 

The Volterman Services may include content provided by third parties, including materials provided by other users and third parties. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

17. Information About You, Your Visits, and Your Use of the Volterman Services

 

All information we collect in regards to the Volterman Services is subject to our Privacy Policy. By using or accessing the Volterman Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

18. Links from the Volterman Services

 

If the Volterman Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only (each, a “Link”). This includes links contained in advertisements, including banner advertisements and sponsored links, as well as links to websites or applications. We have no control over the contents of those Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Links linked to the Volterman Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Links.

 

19. Geographic Restrictions

 

The owner of the Volterman Services is a Delaware corporation. We provide the Volterman Services for use only by persons located in the United States. We make no claims that the Volterman Services or any of its content and features is accessible or appropriate outside of the United States. Access to and use of the Volterman Services may not be legal by certain persons or in certain countries. If you access or use the Volterman Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

20. Disclaimer of Warranties

 

Subject to the Limited Warranty provided hereunder and the limitations of liability and disclaimers thereto, you understand that we cannot and do not guarantee or warrant that the Volterman Services, including the Products, and any material, content, functionality, Technology, or feature thereof will be free of defects, viruses, bugs, or other destructive aspects. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. OTHER THAN FOR PRODUCT DEFECTS AND OTHER THAN TO THE EXTENT PROVIDED BY THE LIMITED WARRANTY, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY SUCH DEFECTS OR DESTRUCTIVE ASPECTS.

 

YOUR ACCESS TO AND USE OF THE VOLTERMAN SERVICES, ITS FEATURES, ITS CONTENT, AND ANY RELATED SERVICES OR ITEMS ARE AT YOUR OWN RISK; THESE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE VOLTERMAN SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE VOLTERMAN SERVICES, ITS FEATURES, ITS CONTENT, AND ANY RELATED SERVICES OR ITEMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE TECHNOLOGY OR THE SERVER THAT MAKES THE VOLTERMAN SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE VOLTERMAN SERVICES, ITS FEATURES, ITS CONTENT OR ANY RELATED SERVICES OR ITEMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

21. Limitation on Liability Generally

 

EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO, OR THE INABILITY THEREOF, THE VOLTERMAN SERVICES, INCLUDING THE PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO THE SITE AND PLATOFMRS OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE YOUR USE OF THE SITE AND PLATFORMS.  NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE ACTUALLY PAID FOR THE PRODUCTS YOU HAVE PURCHASED, IF ANY.  THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

22. Indemnification

 

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of or access to the Volterman Services, including, but not limited to, your User Contributions, any use of the Products other than as expressly authorized in these Terms of Use or your use of any information obtained through the Volterman Services.

 

23. Governing Law and Jurisdiction

 

All matters relating to the Volterman Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Volterman Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

24. Arbitration

 

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Volterman Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law, such arbitration to be held in English in the City and County of Los Angeles, State of California.

 

25. Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE VOLTERMAN SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

26. Waiver and Severability

 

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

27. Entire Agreement

 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Volterman, Inc. with respect to the Volterman Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Volterman Services.

 

28. Your Comments and Concerns

 

The Volterman Services are owned and operated by Volterman, Inc., a Delaware corporation with an address at 2035 Sunset Lake Road, Suite B-2, Newark, Delaware, United States.

 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

 

All other feedback, comments, requests for technical support and other communications relating to the Volterman Services should be directed to:wow@volterman.com .