We are Sentrya, doing business as Sentrya ('Sole Trader', 'we',
'us', or 'our'), a sole trader, Claudiu Cogalniceanu, operating in
England at 6 The Ridings, Stevenage SG2 9UA. We operate the website
sentrya.net (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 email at
claudiu@sentrya.net or by mail to 6 The Ridings, Stevenage SG2 9UA,
England. These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity
('you'), and Sentrya, 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 claudiu@sentrya.net, 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.
The Services are 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 Services.
We recommend that you print a copy of these Legal Terms for your
records.
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 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 licence 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.
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: claudiu@sentrya.net. 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.
Your submissions
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.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services 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 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;
- warrant that any such Submission are original to you or that you
have the necessary rights and licences to submit such Submissions
and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute
confidential information.
You are solely responsible for your Submissions 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.
3. USER REPRESENTATIONS
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; (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 unauthorised 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).
4. USER REGISTRATION
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.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa - Mastercard
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 British pound.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorise us to
charge your chosen payment provider for any such amounts upon
placing your order. If your order is subject to recurring charges,
then you consent to our charging your payment method on a recurring
basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable 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 judgement, appear to be placed by
dealers, resellers, or distributors.
6. CANCELLATION
All purchases are non-refundable. You can cancel your subscription
at any time by logging into your account. Your cancellation will
take effect at the end of the current paid term.
If you are unsatisfied with our Services, please email us at
claudiu@sentrya.net.
7. PROHIBITED ACTIVITIES
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 endeavours 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 unauthorised 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 'poms").
- 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 unauthorised script or other software.
- Use a buying agent or purchasing agent to make purchases on the
Services.
- Make any unauthorised 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 pretences.
- 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 endeavour or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We 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 in accordance
with the Services' Privacy Policy. 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 licences,
rights, consents, releases, and permissions to use and to authorise
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 unauthorised
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, libellous, 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.
9. CONTRIBUTION LICENCE
You and Services agree that we may access, store, process, and use
any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services,
you agree that we can use and share such feedback for any purpose
without compensation to you.
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.
10. 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.
11. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: sentrya.net/privacy. 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 the United Kingdom
and United States. 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 the
United Kingdom and United States, then through your continued use of
the Services, you are transferring your data to the United Kingdom and
United States, and you expressly consent to have your data transferred
to and processed in the United Kingdom and United States.
12. 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.
13. 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.
14. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws
of the United Kingdom, and the use of the United Nations Convention of
Contracts for the International Sales of Goods is expressly excluded.
If your habitual residence is in the EU, and you are a consumer, you
additionally possess the protection provided to you by obligatory
provisions of the law in your country to residence. Sentry and
yourself both agree to submit to the non-exclusive jurisdiction of the
courts of England, which means that you may make a claim to defend
your consumer protection rights in regards to these Legal Terms in the
United Kingdom.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a 'Dispute'
and collectively, the 'Disputes') brought by either you or us
(individually, a 'Party' and collectively, the 'Parties"), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days
before initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to
these Legal Terms shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of the
European Court of Arbitration being part of the European Centre of
Arbitration having its seat in Strasbourg, and which are in force at
the time the application for arbitration is filed, and of which
adoption of this clause constitutes acceptance. The seat of
arbitration shall be London, England. The language of the proceedings
shall be English. Applicable rules of substantive law shall be the law
of England.
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 utilise 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 Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations 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 unauthorised 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.
16. 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.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORISED 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 JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, 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) use of the
Services; (2) breach of these Legal Terms; (3) any breach of your
representations and warranties set forth in these Legal Terms; (4)
your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) 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 defence and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defence 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.
20. 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.
21. 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.
22. 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 defences 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.
23. 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:
Sentrya 6 The Ridings Stevenage SG2 9UA England claudiu@sentrya.net